-/  J  (J 


THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 

LOS  ANGELES 

IN  MEMORY  OF 
EDWIN  CORLE 

PRESENTED  BY 
JEAN  CORLE 


"  ~ 


CIVIL  AND  POLITICAL 


HISTORY  OF  NEW  JERSEY: 


EMBRACING  A  COMPENDIOUS  HISTORY  OF  THE  STATE, 

FROM  ITS  EARLY  DISCOVERY  AND  SETTLEMENT 

BY  EUROPEANS,  BROUGHT  DOWN  TO 

THE  PRESENT  TIME. 


BY  ISAAC  S.  MULFORD,  M.  D. 


PHILADELPHIA: 
C.  A.   BROWN   &   CO. 

NORTHWEST  CORNER  OF  FOURTH  AND  ARCH 

1851. 


Entered,  according  to  an  Act  of  Congress,  in  the  year  1848, 

BY  P.  KEEN  &  E,  CHANDLER, 

In  the  Clerk's  Office  of  the  District  Court  for  the  Eastern  District  of 
Pennsylvania. 


.:  A  i  at  Jat.o  ;.  j  i  n  T 
.A 


StacR 


5 
<=>SI 


CONTENTS. 


CHAPTER  I. 

Pae 

The  English  Discoveries,     .....-•«-*9 

CHAPTER  II. 
Possession  by  the  English,        -..*»»*  21 

CHAPTER  III. 
The  Dutch  Claim, 33 

CHAFFER  IV. 
New  Netherland,     - -  49 

CHAPTER  V. 

New  Netherland,  New  Albion,  and  New  Sweden,  65 

CHAPTER  VI. 

New  Netherland,  New  Sweden,  and  New  England,  -  94 

CHAPTER  VII. 
Subjugation  of  New  Netherland,  and  a  second  conveyance  of  a 

part  of  the  country, -         -         115 

CHAPTER  VIII. 
NEW  JERSEY. — The  establishment  of  Government,       -  130 

CHAPTER  IX. 

First  Legislative  Proceedings — Opposition  of  the  People  to  the 
Government— Return  of  the  Dutch,  and  Restoration  of  the 
English  Authority, 147 

CHAPTER  X. 

Purchase  by  Fenwick  and  Byllinge — Partition  between  Fenwick 
and  Byllinge — Settlement  of  Fenwick— Quntipartite  Divi- 
sion— Provisional  Government — Proprietary  Government,  164 

CHAPTER  XI. 
Proceedings  in  West  New  Jersey,         -         -         -         -         *        -     180 


2039023 


CONTENTS. 

Page. 

CHAPTER  XII. 

Government  in  East  New  Jersey— Release  of  the  Duke  of  York — 
Government  after  the  release — Sale  of  the  Province — Go- 
vernment under  the  new  Proprietors,  -  -  -  -  193 

CHAPTER  XHI. 
West  New  Jersey — Government  after  the  release  of  the  Duke 

of  York — Conditional  surrender  of  Government,    -  234 

CHAPTER  XIV. 
Resumption  of  Government  in    East  Jersey — Resumption  in 

West  Jersey — Final  surrender, 253 

CHAPTER  XV. 

New  Constitution  of  Government — Lord  Cornbury's  Adminis- 
tration,   281 

CHAPTER  XVI. 
Administration  of  Government  by  Lovelace,  Ingolsby,  Hunter, 

Burnet,  Montgomerie,  and  Cosby,      -        ....         303 

CHAPTER  XVII. 

Morris',  Hamilton's,  and  Belcher's  Administrations — The  French 

War— Change  of  Governors, 335 

CHAPTER  XVIII. 
Opinions  relating  to  the  Rights  of  the  Colonies — Passage  of  the 

Stamp  Act— Opposition  to  the  Stamp  Act — The  Repeal,  361 

CHAPTER  XIX. 

Imposition  of  Taxes — Opposition  to  the  new  Taxes — The  Tea 
Duty — The  Tea  Duty  Resisted — Congress  of  the  Colonies 
— Proceedings  of  Congress  approved  in  New  Jersey — Co- 
ercive measures  of  England,  ------  374 

CHAPTER  XX. 

The  Second  Continental  Congress — The  Provincial  Congress  of 

New  Jersey — Constitution  of  New  Jersey,     -        -        -        -     399 

CHAPTER  XXI. 

Proposals  for  accommodation  by  the  English — First  Legislature 

of  the  State  of  New  Jersey, 427 

CHAPTER  XXII. 

Second  Legislature — Articles  of  Confederation — Financial  Mea- 
sures,   444 

CHAPTER  XXIII. 
Financial  Crisis — Success  of  the  Americans — Close  of  the  War 

— The  Federal  Government — New  State  Constitution,          -        468 


PREFACE. 


BUT  few  words  are  necessary  by  way  of  preface  as  an  intro- 
duction to  the  present  volume.  A  fondness  for  historical  pursuits, 
especially  such  as  relate  to  our  own  country,  was  the  motive  that 
originally  prompted  the  author  to  enter  upon  the  undertaking.  A 
part  of  the  material  was  collected  and  arranged,  with  scarcely 
any  other  object  than  the  personal  gratification  and  advantage  to 
be  derived  from  the  engagement.  At  length  the  representations 
of  some  friends  who  were  of  opinion  that  such  a  work  would  be 
useful,  and  would  be  favorably  received,  led  to  its  continuance 
and  final  completion.  The  suggestions  thus  made,  were  the  more 
readily  acceeded  to  by  the  writer,  from  a  belief,  that  no  such  work 
if  executed  with  a  strict  regard  to  truth  and  fact,  could  be  entirely 
without  value.  If  no  new  light  should  be  shed  upon  the  subject, 
renewed  attention  to  it  might  yet  be  excited.  It  was  also  sup- 
posed that  something  might  be  done  to  aid  and  favor  inquiry. 
Different  works  upon  the  history  of  New  Jersey  already  exist, 
and  are  well  known,  and  perhaps  the  principal  part  of  the  mate- 
rial that  can  be  considered  of  much  importance  has  already  been 
collected ;  yet  it  may  be  doubted  whether  it  is  in  such  a  situation 
or  form,  as  to  render  it  sufficiently  easy  of  access.  Some  of  these 
works  are  limited  in  period,  some  are  ocal  in  their  application, 
being  confined,  to  certain  parts  of  the  State,  and  others  are  re- 
stricted in  both  these  respects.  Such  as  are  more  extended  in 
scope  are  different  in  character  and  purpose  from  the  present  one. 
Hence  it  was  conceived,  that  by  bringing  together  from  the  several 
sources  within  reach,  the  principal  circumstances  and  events  of  a 
civil  and  political  character,  and  presenting  them  in  one  view,  and 


VI  PREFACE. 

in  their  natural  order  and  relation,  a  service  would  be  done,  by 
shortening  and  lightening  the  labor  of  research  in  the  most  im- 
portant department  of  history.  Such  has  been  the  present  design. 
The  execution  of  such  a  work  may  give  but  little  ground  for  a 
claim  to  originality  or  learning;  no  such  claim  is  advanced.  No 
attempt  has  been  made  to  produce  a  speculative  or  philosophical 
history,  but  rather  to  give  a  simple  and  compendious  narrative. 
It  is  hoped  that  the  book  may  prove  convenient  and  useful,  and  if 
so,  the  object  of  the  author  will  be  gained.  Admiration  has  not 
been  sought.  But  in  justice  to  himself,  the  writer  may  state,  that 
his  labor  has  been  conducted  in  the  midst  of  the  duties  and  calls 
of  another  and  an  engrossing  pursuit,  and  under  an  engagemen, 
which  was  too  restrictive  in  point  of  time ;  hence  faults  in  manner, 
and  also  some  inaccuracies  will  be  found,  which,  under  other  cir- 
cumstances, might  possibly  have  been  avoided  or  corrected.  It 
may  also  be  stated,  that  in  order  to  meet  the  agreement  which 
had  been  made  in  regard  to  the  size  of  the  volume,  it  was  found 
necessary,  especially  toward  the  close,  to  resort  to  a  greater  de- 
gree of  compression  than  was  consistent  with  completeness,  or 
with  entire  perspicuity;  for  the  same  reason,  matter  has  been  given 
in  notes  which  properly  belonged  in  the  text,  and  the  effect  has 
been  a  kind  of  broken  or  disconnected  appearance  in  several  parts. 
It  should  also  be  mentioned,  that  in  consequence  of  errors  in 
punctuation  (which  are  chiefly  typographical,)  the  meaning  of 
several  passages  is  rendered  obscure,  and  indeed  is  almost  per- 
verted. Some  of  these  errors  are  noticed  in  an  errata.  With 
these  explanations,  the  volume  is  submitted,  and  no  doubt  is  felt 
that  it  will  be  received  by  the  people  of  the  State,  and  others  who 
may  be  interested  in  its  history,  with  a  full  measure  of  justice  and 
liberality. 

CAMDEN,  N.  J.,  5th  month,  1848. 


ERRATA. 


VARIATIONS  IK   ORTHOGRAPHY. —  Privilege   has  sometimes   been  printed 
privilege — enterprise,  enterprize — and  maintenance,  maintenance. 
Page  14,  line  35,  for  successor  read  successors. 

"     15,  line  16,  the  word  it,  to  come  between  and,  and  is. 

"     23,  line  8,  for  is,  read*  are. 

In  note  10,  page  38,  a  semi-colon  to  be  put  after  the  word  down. 
Note  10,  page  53,  line  3  from  bottom,  for  this  read  thus. 

M     10,  page  72,  for  a  period,  put  a  comma  after  the  word  off. 

«     20,  page  79,  for  Huddle  read  Hudde. 
Page  80,  date  of  protest,  for  1683  read  1638. 

Note  6,  page  £8,  a  comma  after  the  word  case,  and  the  word  went,  between 
case  and  by. 

Note  16,  page  105,  for  undemnified  read  undamnified. 
Page  134,  line  6  from  bottom,  for  continued  read  contained. 

"     154,  line  8  from  bottom,  for  the,  read  a 

Note  10,  page  158,  the  word  Fort,  to  come  before  the  words  "William  Hendrick. 
Page  159,  line  10  from  bottom,  for  divested,  read  de vested. 

"     183,  lines  4  and  5,  for  semi-colons  put  commas  after  colonel  and  general, 
In  note  24,  page  211,  a  comma  to  be  put  after  the  word  officer,  and  Alder- 
man, for  Aderman. 

Page  215,  line  18,  for  administrated  read  administered. 

"     218,  line  12  from  bottom,  for  been  met,  read  seen  meet 
Nole  48,  page  228,  for  discharges  read  discharge. 
Page  278,  line  4,  a  semi-colon  to  be  put  after  the  word  usage. 

"     283,  line  16,  for/reeholder,  read  householder. 
Note  13,  page  291,  for  interests,  read  interest. 

A  very  noticeable  error  occurs  on  page  304,  line  16 — the  words  inhabitants 
freeholders  should  be  inhabitants  householders. 
Page  391,  line  27,  for  had,  read  has. 

"     398»  line  1,  for  made  formally,  read  finally  made. 

"     496,  line  18,  the  word  of,  to  come  between  principle  and  composition. 


HISTORY  OF  NEW  JERSEY. 


CHAPTER  I. 


THE     ENGLISH     DISCOVERIES 


THE  discovery  of  the  New  World  by  Columbus,  gave  a  strong 
impulse  to  the  human  mind.  An  eager  and  adventurous  spirit 
was  at  once  aroused,  and  men  of  different  nations  came  forward 
to  enter  upon  the  new  field  of  enterprise  and  effort.  Amongst  the 
foremost  of  these  persons  was  John  Cabot,  a  native  of  Venice,  but 
who  had  been  for  a  long  time,  a  resident  in  England.  He  projected 
a  voyage  of  discoveryand  made  application  to  Henry  Vli.  of  Eng- 
land, for  authority  and  aid  to  carry  on  the  design.  Very  little 
aid  was  afforded,  but  the  necessary  authority  was  conferred, 
.without  .much  delay.  A  commission  was-  issued  bearing  date  the 
5th  of  March,  1495.  Jt  was  given  to"  John  Cabot,  and  his  sons, 
Louis,  Sebastian  and  Sanchez,  committing  to  him,  and  to  them, 
and  to  their  heirs  and  deputies,  full  authority  to  sail  to  all  countries 
and  seas  of  the  east;  west,  and  north,  under  the  banner  of  Eng- 
land. They  were  allowed  to  equip  "at  their  own  proper  costs 
and  charges,"  five  ships  of  whatever  burden  and  strength  in 
mariners,  they  might  choose  to  employ.  They  were  empowered 
to  set  up  the  ensigns  of  England  in  newly  discovered  lands,  and 
to  possess  them  as  lieutenants  of  the  king.1  Some  time  elapsed 
before  the  difficulties  incident  to  such  an  attempt  could  be  wholly 


1  Rymer's  Foedera  Anglioe, 
2 


10  TIIE    ENGLISH    DISCOVERIES. 

removed,  and  the  preparations  for  departure  were  not  completed 
until  the  commencement  of  the  year  1497.  Of  the  persons  named 
in  the  commission  two  only,  engaged  in  the  voyage,  John  Cabot 
the  father,  and  Sebastian,  the  second  of  the  sons.  Very  little  is 
known  as  to  the  particular  occurrences  of  their  voyage,  no  precise 
account  having  ever  been  given,  either  by  the  actors  themselves,  or 
by  any  cotemporary.  But  the  enterprise  itself  is  referred  to  in 
various  authentic  documents,  and  the  final  event  was  recorded  in 
terms  sufficiently  full,  and  in  a  manner  that  entitles  the  account  to 
perfect  confidence  and  credit.  This  record  was  made  upon  an 
ancient  map  drawn  by  Sebastian  Cabot  himself,  and  published, 
as  there  is  reason  to  believe,  under  his  sanction,  if  not  by  his  parti- 
cular desire.  Upon  this  map  was  written  in  Latin,  the  following 
words:  "In  the  year  of  our  Lord,  1497,  John  Cabot,  a  Venetian, 
and  Sebastian  his  son,  discovered  that  country  which  no  one  be- 
fore his  time  had  ventured  to  approach,  on  the  24th  of  June,  about 
five  o'clock  in  the  morning.''2  To  commemorate  the  event  the 
discoverers  called  the  land  Terra  Primum  Visa ;  it  was  a  part  of 
the  Island  now  called  New  Foundland.  It  is  stated  by  some 
authorities  that  so  soon  as  this  discovery  was  made,  or  very  soon 
afterwards,  the  voyagers  returned  to  England,  making  scarcely 
any  attempt  to  explore  the  country,  or  to  examine  the  adjacent 
coasts.3  CXJiers  suppose-  that  Cabot  continued  immediately  to 
prosecute  the  voyage ;  that  he  pursued  a  westwardly  course  until 
the  continent  was  reached,  then,  sailing  along  the  coast,  advanced 
high  up  into  the  Northern  Seas,  and  finally,  proceeded  in  an 
opposite  direction  far  toward  the  south.4  A  careful  comparison  of 
the  several  accounts  conducts  to  the  belief,  that  the  truth  is  be- 
tween these  extremes.  It  is  beyond  dispute  that  the  Cabots  were 
concerned  in  two  voyages  performed  in  immediate  succession, 
and  there  are  many  facts  tending  to  show,  that  the  principal  dis- 


»This  map  was  in  a  collection  in  the  cabinet  of  Edward  VI.  and  Sebastian  Cabot 
was  in  great  reputation  at  the  court  of  that  prince,  and  was  entertained  by  him 
with  much  favour. — Tytler's  View. 

It  was  also  "  to  be  scene  in  her  Majesty's  privie  gallerie  at  Westminster,  and 
in  many  other  ancient  merchants  houses." — Hakluyt. 

3  Tytler's  Historical  View.  •• 

'  Holme's  Annals,  Proud's  History,  Grahame's  Colonial  History. 


THE    ENGLISH    DISCOVERIES.  11 

covcries  were  made  in  the  course  of  the  second  one.  Upon  the 
first,  the  one  now  under  notice,  little  more  was  effected  than  to 
determine  the  existence  of  land  "in  this  region,  and  to  notice  the 
insular  form  of  some  parts,  and  the  extended  appearance  of  others. 
This  being  done,  the  discoverers  hastened  to  return,  in  order  to 
announce  the  success  of  their  venturous  attempt.  The  voyage  of 
the  next  year  was  undertaken  with  more  favorable  prospects,  the 
king  showed  greater  liberality  in  his  grants,  and  even  engaged  to 
defray  the  entire  expense ;  the  same  navigator  also,  having  the 
advantage  of  former  experience,  was  appointed  to  conduct  the 
enterprize.  A  commission  was  granted  on  the  3d  of  February, 
1498,  N.  S.  It  was  given  to  John  Kabatto,  Venetian,  and  per- 
mitted him  to  take  six  ships  and  sail  to  the  land  and  isles,  of  late 
found  by  the  said  John,  in  our  name,  and  by  our  commandment.' 
When  on  the  eve  of  departure,  John  Cabot  from  some  causes 
now  unknown,  found  it  necessary  to  relinquish  the  command  and 
the  attempt,  and  upon  this  occurrence,  Sebastian  the  son,  was 
advanced  to  the  vacant  post.  Sebastian  sailed  from  England  in 
the  month  of  May  of  the  same  year,  and  proceeded  at  once  to- 
ward the  American  continent.  The  exact  date  of  his  arrival  is 
not  known,  but  he  immediately  engaged  in  exploring  the  coast. 
The  discoveries  he  made  during  the  course  of  this  voyage  were 
of  great  extent.  The  limit  to  the  north  has  not  been  precisely 
determined  there  being  a  singular  variance  in  the  several  state- 
ments made  upon  the  point.  This  difference  is  the  more  remarka- 
ble as  most  of  these  statements  seem  to  have  been  drawn  from  a 
common  source,  and  this  too,  being  one  of  the  earliest  and  fullest 
works.6  But  the  writer  of  this  work  though  always  copious  in 
his  details,  is  not  always  sufficiently  exact.  On  one  occasion  he 
professes  to  give  the  acolmt  of  Cabot  himself  upon  the  point  in 
question,  it  is  as  follows:  "Sailing  along  the  coast  toward  the 
north  to  ascertain  if  I  could  find  any  gulf  to  run  into,  I  could  dis- 
cover none,  and  thus  having  proceeded  as  far  as  fifty-six  degrees 
under  the  pole,  and  seeing  that  here  the  coast  tended  toward  the 
east,  I  despaired  of  finding  any  passage  and  so  turned  back."7 


'Memoir  of  Sebastian  Cabot.  •  Viaggi  del  Rnmusio. 

1  Ramusio,  lom.  1st. 


12  THE    ENGLISH    DISCOVERIES. 

Yet  in  another  part  of  his  work  this  author  declares,  that  it  was 
Written  to  him  by  Sebastian  Cabot,  that  he  sailed  to  the  latitude 
of  sixty-seven  and-a-half  degrees  under  the  north  pole.8  Both 
these  accounts  have  been  followed  by  succeeding  writers.  But 
this  difficulty  may  be  solved.  Although  the  distinction  is  not 
fully  or  properly  marked,  there  is  yet  sufficient  reason  to  believe, 
that  the  statements  just  given  do  not  relate  to  the  same  time,  or  the 
same  voyage.  It  is  known  that  many  years  subsequent  to  the  period 
now  under  notice,  Sebastian  Cabot  conducted  an  expedition  to  this 
very  coast,  under  the  direction  of  Henry  Eighth  of  England,  for 
the  purpose  of  discovering  a  passage  to  the  Indies.  On  this  later 
voyage  he  proceeded  farther  to  the  north  than  he  had  done  before, 
and  then  it  was  he  sailed  to  the  latitude  of  sixty-seven  and-a-half 
degrees  under  the  north  pole.  It  may  therefore  be  concluded  that 
the  former  statement  which  gives  the  latitude  of  fifty-six  degrees 
as  the  limit  of  the  present  voyage,  may  be  relied  on  as  correct.9 
Authorities  differ  also  in  regard  to  the  southern  limit.  The  writer 
already  quoted  gives,  as  a  part  of  the  statement  of  Cabot,  an  ex- 
press declaration  that  "he  reached  the  country  at  present  called 
Florida."  But  this  account  is  not  at  all  precise,  as  the  country 
to  which  the  name  Florida  had  been  given,  was,  at  that  time  of 
undetermined  extent.  But  another  author  who  wrote  nearly  at 
the  same  time,  being  a  cotemporary  with  Cabot,  and  also  one  of 
his  intimate  friends,  gives  an  additional  account.  In  this,  it  is 
said  that  the  discoverer  "coasting  still  by  the  shore  was  brought 
so  far  to  the  south  by  reason  of  the  land  bending  much  to  the 
southward  that  it  was  there  almost  equal  in  latitude'  with  the 
straits  of  Herculus  and  that  he  [then]  sailed  to  the  west  until  he 
had  the  Island  of  Cuba  on  his  left  hand,  and  nearly  in  the  same 
longitude.10  This  narration  is  not  perfectly  determinate  and  clear, 


8  Ramusio,  torn.  2d. 

9  According  to  some  authorities,  Cabot  arrived  upon  the  coast  in  this  voyage 
in  the  latitude  of  fifty-eight  degrees,  but  it  may  be  doubted  whether  this  was  not 
in  the  later  voyage  performed  in  the  next  reign. 

10  Peter  Martyr  de  Orbe  Novo.    A  single  glance  at  the  North  American  conti- 
nent will  serve  to  illustrate  the  meaning  of  a  part  of  the  passage  here  cited.    The 
"bending  of  the  land"  is  southward  to  the  thirty-fifth  degree,  which  is  almost  the 
latitude  of  the  straits  of  Herculus  or  Gibralter,from  that  point  it  tends  westwardly. 


THE    ENGLISH    DISCOVERIES.  13 

but  it  imports,  that  the  navigator  had  arrived  near  the  Island  of 
Cuba,  and  it  is  obvious,  that  with  this  Island  on  the  left  hand,  the 
nearest  part  of  the  continent,  almost  in  the  same  longitude,  on  his 
right  hand,  would  be  that  portion  of  country  to  which  the  name 
Florida  has  now  come  to  be  confined.  The  southern  point  of  this 
portion  of  land  is  nearly  in  the  latitude  of  twenty-five  degrees. 

Cabot  did  not  attempt  to  establish  a  settlement  within  the 
country  he  discovered,  but  he  took  possession  thereof,  on  behalf 
of  the  crown  of  England. 

In  the  two  voyages  just  noticed  the  foundation  of  the  English 
claim  to  countries  in  North  America  was  laid.  It  is  of  some  im- 
portance that  the  origin  and  character  of  this  claim  should  be 
fully  understood,  and  hence  it  may  be  proper,  before  any  further 
advancement  is  made,  to  pay  closer  attention  to  this  primary 
movement.  "The  particular  right  we  have  to  a  thing,"  says  a 
writer  of  authority,  "is  either  by  original  or  derivative  acquisition. 
It  is  called  original  acquisition  when  a  thing  which  before  be- 
longed to  no  man,  begins  to  be  the  property  of  some  particular 
person ;  it  is  derivative,  when  a  right  of  property  already  esta- 
blished, passes  from  one  to  another."11  In  its  inception  the  claim 
of  the  English  nation  to  land  in  America  was  considered  as  origi- 
nal in  its  character;  in  other  words,  the  territory  was  regarded, 
and  entered  upon,  as  belonging  to  no  one.  It  was  looked  upon 
as  entirely  new;  the  inhabitants,  which  at  subsequent  periods,  were 
found  there,  were  subdued  or  conciliated,  but  a  right  to  the  country 
was  supposed  to  have  been  acquired,  anterior  to  the  conclusion  of 
any  treaty,  or  any  attempt  at  conquest.  Discovery,  simply  con- 
sidered was  made  the  foundation  of  title.  Whether  such  a  claim 
could  be  sanctioned  as  just,  whether  it  was  consistent  with  human- 
ity and  the  soundest  policy,  are  questions  which  it  is  not  necessary 
just  now,  to  discuss.  It  is  sufficient  for  our  present  purpose  to 
determine,  whether  such  a  right  was  acquired  as  might  be  main- 
tained in  accordance  with  the  usages  of  civilized  countries,  and 
the  principles  of  national  law.  That  according  to  these  usages 
and  laws,  discovery,  or  finding,  by  an  European  nation,  even 
where  there  was  pre-occupation  by  savages,  is  capable  of  confer- 

11  Grot  i  us. 


14  THE    ENGLISH    DISCOVERIES. 

ring  a  title  to  territory,  is .  a  point  that  needs  no  illustration,  and 
hence  there  is  no  other  thing  to  be  determined  in  the  present  case, 
than  the  reality  of  the  finding  itself.  Considered  in  this  way  the 
matter  in  question  is  not  such  as  to  require  an  extended  notice ; 
it  is  nearly  determined  by  common  assent.  That  a  discovery  was 
really  made  at  the  time,  and  made  by  persons  acting  under  a  com- 
mission from  the  English  crown,  are  facts  that  soon  became 
known,  and  have  been  generally  acknowledged,  throughout  the 
civilized  world.  The  only  point  that  is  open  to  doubt  is  that 
which  respects  the  extent  of  acquisition.  It  cannot  be  pretended 
that  the  finding  of  San  Salvador,  by  Columbus,  gave  a  right  to 
the  Spaniards  to  all  the  Islands  on  the  American  coast,  or  that  the 
first  discovery  of  the  continent  by  Cabot,  gave  the  English  a  claim 
to  its  entire  extent.  A  claim  from  discovery  must  have  some 
limitation.  Where  a  natural  boundary  exists  that  may  be  taken 
as  the  limit,  as  in  the  case  of  Islands  or  a  close  group  of  Islands, 
or  in  portions  of  territory  connected  with  particular  waters.  Thus, 
a  voyager  who  should  discover  the  mouth  of  a  stream  upon  a 
coast  before  unknown,  would  without  farther  advance,  acquire 
a  claim  to  the  country  watered  by  such  stream,  and  its  branches. 
Where  no  such  natural  boundary  exists,  the  actual  extent  of  dis- 
covery, is  to  be  mainly  regarded.  A  navigator  who  may  discover 
a  country  and  proceed  along  its  outline,  may  lay  claim  to  a  right 
between  the  points  of  approach  and  departure.  Upon  this  princi- 
ple, the  extent  of  the  English  acquisition  from  the  discoveries  of 
the  Cabots  would  be,  from  the  fifty-sixth,  nearly  to  the  twenty-fifth 
degree  of  latitude. 

A  long  period  elapsed  before  any  attempts  were  made  by  the 
English,  to  improve  in  any  way,  the  possession  they  had  thus 
obtained.  Neither  the  discoverers  themselves  or  "  their  heirs  or 
deputies"  availed  themselves  of  the  advantages  which  had  been 
granted  them.  They  neither  engaged  in  trade,  or  endeavoured  to 
acquire  a  fuller  knowledge  concerning  these  lands.  Nor  was 
much  desire  evinced  either  by  the  king  under  whose  authority  the 
discoveries  were  made,  or  by  his  immediate  successor,  to  exercise 
the  powers  that  were  vested  in  the  crown.  More  than  half  a  cen- 
tury was  suffered  to  pass  away  without  farther  advancement. 
But,  during  this  period,  several  attempts  were  made  upon  this 


THE    ENGLISH    DISCOVERIES.  15 

same  ground  by  other  adventurers,  and  it  is  necessary  to  notice 
these  movements,  both  as  a  part  of  the  history  of  the  time,  and 
also,  as  they  were  the  foundation  of  conflicting  claims  to  the 
country. 

The  Portuguese  were  the  first  to  follow  in  the  new  track.  The 
people  of  this  nation  had  become  signalized  on  account  of  their 
genius  and  skill  as  navigators,  and  they  were  ready  to  seize  upon 
every  opportunity  that  presented,  to  extend  their  researches,  and 
add  to  their  renown.  The  discoveries  of  Cabot  excited  their 
jealousy.  Very  soon  an  expedition  was  despatched  by  the  King 
of  Portugal,  under  the  command  of  Gaspar  de  Cortereal,  a  man 
of  ardent  and  determined  character,  and  who  it  is  said,  was 
"athirst  for  glory."  This  commander  made  two  voyages  to  the 
American  coast,  the  first  one,  in  the  year  1500.  He  directed  his 
course  so  far  toward  the  north,  that  he  only  touched  upon  a  part 
of  the  English  discoveries,  and  is  supposed  that  he  did  not  ad- 
vance beyond  their  limits,  at  any  one  point.12  But  the  history  of 
the  whole  enterprize  of  Cortereal  is  very  imperfect,  and  in  rela- 
tion to  the  second  attempt,  which  followed  quickly  after  the  first, 
hardly  any  thing  is  known,  as  the  whole  company  was  lost,  and 
no  vestige  either  of  the  ships  or  the  mariners,  was  ever  discovered.13 
The  brother  of  Cortereal  who  sailed  soon  afterwards  with  two 
ships,  to  determine  the  fate  of  his  relative,  perished  in  a  similar 
manner. 

The  French  people  were  the  next  to  enter  upon  the  career  of 
discovery.  •  Only  a  few  years  after  the  discovery  of  America  by 
Cabot,  the  Fishermen  of  Normandy  ventured  to  visit  the  coast, 
and  in  1508T  a  mariner  named  Hubert,  carried  home  one  of  the 
natives  of  Newfoundland,  and  exhibited  him  in  Paris.  But  in  the 
year  1523  a  more  formal  undertaking  was  entered  upon. 

Francis  the  First  who  was  then  on  the  throne  of  France,  was  a 
prince  of  much  activity  of  character,  and  he  engaged  in  the  new 
pursuit  with  all  his  accustomed  ardor.  He  caused  four  ships  to 


"  The  most  northern  point  that  was  attained  by  Cortereal  was  probably  about 
the  fiftieth  degree. — Bancroft. 

13  Almost  the  only  account  of  the  voyage  of  Cortercal  is  contained  in  a  letter 
from  Pietro  Pasqualigo,  Venetian  Embassador  in  Portugal,  to  his  brother,  dated 
October  19th,  1501. 


16  THE    ENGLISH    DISCOVERIES. 

be  fitted  out,  and  placed  them  under  the  command  of  John  Ver- 
razano,  a  Florentine  navigator  of  high  repute.  The  expedition 
departed  at  once,  but  did  not  arrive  on  the  American  coast  till  the 
following  year,  having  been  delayed  by  various  occurrences.  At 
length,  as  the  commander  himself  narrates,  "he  arrived  at  a  new 
land  never  before  seen  by  any  man  either  ancient  or  modern."  It 
is  necessary  however  to  take  this  declaration  with  some  degree  of 
abatement;  the  particular  portion  of  territory  that  was  seen  by 
Verrazano  may  not  have  been  visited  before,  yet,  it  was  within 
the  limits  of  the  British  discoveries,  and  it  does  not  appear  that 
the  commander  arrived  in  any  part  of  his  voyage,  at  a  country 
totally  unknown.  Toward  the  south,  he  reached  the  latitude  of 
thirty  degrees,  or  according  to  some  authorities  the  twenty*eighth 
degree.  From  this  point  he  proceeded  along  the  coast  toward  the 
north  and  was  thus  led  nearly  in  the  same  track  that  had  been 
pursued  before  by  Cabot,  though  in  an  opposite  direction.  He 
sailed  along  the  whole  line  of  coast  as  far  as  to  the  fiftieth  degree 
of  latitude.  He  landed  at  several  places  and  held  some  intercourse 
with  the  natives  and  upon  his  final  departure,  gave  to  the  region 
he  had  visited,  the  name  of  New  France. 

In  consequence  of  these  voyages  both  the  Portuguese  and  the 
French  attempted  to  set  up  claims  to  land  in  Northern  America. 
But  it  does  not  appear  that  any  actual  discoveries  were  then  made. 
It  is  certain  at  least,  that  within  the  limits  of  twenty-five  and  fifty- 
six  degrees  of  latitude,  (and  it  js  not  necesssr  jr  ju$t  now  tcr  inquire 
feeyond  these  limits,)  they  did  no  more  than  'visit  a  .country  which 
was  already  known  to  another  people.  Cabot  Had  been  in  advance 
both  of  Cortereal  and  Verrazano,  and  had  claimed  the  country  on 
behalf  of  the^ritish  crown.  As  discoverers  then,  neither  the  Portu- 
guese or  the  French  could  justly  pretend  to  any  title,  and  their 
attempts  at  this  time  were  not  such  as  to  warrant  a  claim  upon 
any  other  ground.  They  made  no  efforts  to  secure  possession ; 
they  effected  no  settlement,  and  after  a  brief  visit  left  the  country 
entirely. 

But  after  a  further  period  of  ten  years  the  French  renewed  their 
attempts,  under  the  direction  of  Jacques  Cartier.  It  was  the 
purpose  of  Cartier  to  penetrate  into  the  country  and  establish  a 
settlement.  Accordingly,  after  exploring  the  coast,  and  discover- 


THE    ENGLISH    DISCOVERIES.  17 

ing  tho  mouth  of  a  river  which  he  called  the  St.  Lawrence,  he 
ascended  the  stream,  look  possession  of  a  portion  of  territory  and 
erected  a  fort.  Upon  a  second  visit  he  penetrated  still  farther, 
and  opened  an  intercourse  with  the  native  tribes,  and  finally,  in 
conjunction  with  a  noble  of  France,  he  settled  a  colony  of  French- 
men, near  the  site  of  Quebec.  This  whole  undertaking  was 
finally  abandoned,  but  it  had  been  persevered  in  for  so  long  a  time 
as  to  give  some  color  to  a  claim  from  possesion.  Yet  it  could 
hardly  be  considered  such  a  "long  uninterrupted  and  undisputed 
possession"  as  would  be  necessary  to  give  a  sufficient  title,  even 
to  the  territory  actually  occupied.14 

Beside  the  nations  already  mentioned,  the  discoverers  of  South- 
ern Amei'ica,  the  Spaniards,  had  extended  their  researches  and 
efforts  so  as  to  come  within  the  bounds  of  the  English  discoveries. 
So  early  as  1512,  Ponce  de  Leon  one  of  the  companions  of  Colum- 
bus, had  advanced  toward  the  north  and  entered  upon  a  country 
which  he  claimed  in  the  name  of  the  Spanish  king,  and  which  he 
called  Florida.  He  was  succeeded  by  other  adventurers  who 
advanced  still  farther.  Florida  became  a  theatre  of  contest  be- 
tween different  bodies  of  Spaniards  and  French,  and  at  the  end 
of  these  struggles  in  which  much  blood  was  shed,  only  one  small 
colony  remained.  This  was  a  Spanish  settlement,  and  finally 
survived. 

From  the  statements  just  made  the  conclusion  may  be  drawn, 
that  no  such  claim  was  acquired  by  the  Portuguese,  the  Spaniards, 
or  the  French  within  the  countries  discovered  by  the  English,  as 
could  extinguish,  or  materially  affect  the  rights  of  the  latter,  at 
least,  so  far  as  the  greater  part  of  the  territory  was  concerned. 

The  final  acquiescence  in  the  possession  of  Florida  by  the 
Spaniards  led  to  the  loss  of  a  portion  of  territory  in  the  south, 
but  this  did  not  effect  the  rights  of  the  original  claimants  to  the 
remainder  of  the  country.  The  settlements  made  by  the  French 
on  the  St.  Lawrence,  were  abandoned  at  so  early  a  period,  that  a 


14  The  entire  period  of  the  French  occupation  at  this  time  was  only  about  ten 
years,  and,  even  this  was  broken  by  several  interruptions.    This  fell  far  short  of 
the  conditions  necessary  to  a  claim  from  possession. 
3 


18  THE    ENGLISH    DISCOVERIES. 

right  from  possession  had  not  become  established,  and  hence  in 
that  direction,  the  claims  of  the  discoverers  would  still  survive. 

But  another  question  presents  itself  to  notice.  Did  the  claim 
of  the  English  continue  in  force  during  the  whole  interval  of  time 
between  the  date  of  the  original  discovery,  and  that  of  entering, 
and  taking  possession ;  or  was  it  lost  from  non-usage  and  lapse 
of  time?  Some  authorities  have  represented  a  right  from  dis- 
covery as  being  of  so  imperfect  a  nature,  as  to  be  nearly  incapable 
of  distinct  existence.  It  has  even  been  laid  down  a  general  prin- 
ciple or  rule,  that  the  property  and  sovereignty  of  a  nation  cannot 
be  acknowledged  over  any  newly  discovered  lands  except  those 
of  which  it  has  really  taken  possession,  on  which  it  has  formed 
settlements,  or  of  which  it  makes  actual  use.15  The  acknowledg- 
ment of  this  principle  would  be  entirely  to  destroy  and  extinguish 
the  right  in  question,  or  at  least,  to  render  it  of  no  value  or  force; 
its  virtue  would  then  be  made  to  depend  upon  some  other,  some 
subsequent  act,  or  thing.  But  this  doctrine  is  by  far  too  strongly 
stated.  Discovery  does  certainly  confer  a  right,  and  one  that  is 
distinct  and  independent,  though  it  may  be  lost  in  consequence  of 
neglect  and  the  lapse  of  time.  The  period  of  its  existence  has 
not  been  precisely  determined.  Some  authors  limit  its  duration 
to  what  they  call  "a  reasonable  time,"  but  this  is  a  mode  of 
expression  that  fixes  nothing,  as  a  reasonable  time  can  only  be 
determined  by  particular  circumstances,  and  will  therefore  vary 
in  the  several  cases  that  may  come  into  view.  If,  during  a  period 
of  general  activity  a  nation  should  overlook  or  neglect  a  posses- 
sion ;  no  disposition  whatever  being  shown  to  assert  or  maintain 
a  claim,  a  presumption  will  soon  arise  that  its  claims  have  been 
abandoned.  But  during  a  period  of  general  repose,  when  nothing 
occurs  to  call  for  vigilence  or  notice,  then,  the  mere  quiescence  of 
a  party  cannot  be  rightfully  construed  as  an  abandonment  of 
claims.  The  "reasonable  time"  must  be  somewhat  extended 
under  circumstances  like  these.  The  principles  and  views  above 
given  may  be  applied  to  the  case  under  notice. 

The  movements  of  the  Portuguese,  the   Spaniards,  and   the 

"  Vattel. 


THE    ENGLISH    DISCOVERIES,  19 

French,  which  have  already  been  mentioned,  were  made  at  a 
comparatively  eai'ly  period,  and  subsequent  to  these,  nothing  was 
done  in  Northern  America,  until  the  advqnt  of  the  English  them- 
selves. There  was  a  long  period  of  general  tranquility,  nothing 
occurred  to  urge  to  immediate  or  speedy  action,  and  the  "reason- 
able time"  allowed  for  such  action,  would  hence  be  prolonged. 

At  the  very  least,  if  the  English  title  could  not  be  considered, 
throughout  the  whole  of  this  period,  as  being  sufficient  to  bar  the 
advances  of  other  nations,  had  such  advances  been  made,  yet, 
in  the  absence  of  such,  it  continued  so  far  in  force,  as  to  warrant 
the  English  themselves  in  entering  the  country  and  perfecting  a 
title,  by  use  and  possession. 


t ; "-»/-.  «fc 


.-: 


..    -    :     • 
.     -  '  .     . 

CHAPTER  '-II. 

POSSESSION     BY     THE     ENGLISH. 


AT  length  a  period  arrived  when  the  English  people  resolved 
lo  take  fuller  possession  of  their  American  territories.  The  reign 
of 'Queen  Elizabeth  was  to  be  .marked,  in  addition  to  other  suc- 
cesses, by  the  execution  of  this  design.  In  the  year  1577,  an 
enterprize  was  projected  to  establish  a  settlement,  and  the  course 
of  procedure  adopted  at  the  time,  was  such  as  brought  at  once 
into  view,  some  of  the  most  important  principles  of  British 
colonial  policy.  Application  was  made?  to  the  Queen  by  Sir 
Humphrey  Gilbert,  an  individual  who  was  distinguished  for  his 
generous  qualities,  and  an  ardent  love  of  adventure.  To  this 
person  a  grant  was  made  in  a  formal  instrument  which  was 
described  in  its.  title,  as  "Letters  Patent  granted  by  her  Majesty 
to  Sir  Humphrey  Gilbert,  Knight,  for  the  inhabiting  and  planting 
of  our  people  in  America."  It  was  dated  June  llth,  157ft 
This  instrument  gave  to  Sir  Humphrey,  the  full  right  to  certain 
portions  of  lands,  and  also,  full  authority  for  the  establishment 
and  maintainance  of  government.  It  conveyed  to  the  said  Sir 
Humphrey,  his  heirs  and  assigns,  and  every  of  them,  forever, 
the  right  to  hold  and  enjoy  all  such  lands,  countries,  and  territories 
as  he  should  discover,  not  actually  possessed  by  any  Christian 
prince  or  people.  It  vested  in  the  said  Sir  Humphrey,  his  heirs 
and  assigns,  the  full  right  of  property  in  the  soil  of  these  countries 
which  he  and  they  were  to  hold  of  the  Crown  of  England  by 
homage,  upon  condition  of  paying  one  fifth  of  all  the  gold  and 
silver  ore  found  there.  It  conferred  complete  jurisdiction  within 
the  said  lands,  and  the  seas  adjoining  them,  and  gave  full  authority 
and  power  to  correct,  punish,  pardon,  or  rule  all  such  persons  as 
should  adventure  within,  or  inhabit  these  lands,  and  that  in  all 
causes,  capital  or  criminal,  as  well  as  civil.  It  gave  power  to 
make  all  statutes,  laws,  and  ordinances, 'for  the  better  government 


22  POSSESSION  nv  THE  ENGLISH. 

of  the  people,  provided,  however,  that  "the  said. statues,  laws, 
ahd  ordinances,  should  be  as  near  as  conveniently  may,  agreeable 
to  the  laws  and  policy  of  England." 

The  question  naturally  arises,  whether  it  was  within  the  proper 
scope  of  royal  authority  to  confer  a  grant  so  comprehensive  and 
full,  as  was  this.  The  nature  and  extent  of  the  English  claim  to 
land  in  America  have  been  already  considered.  This  claim  so  far 
as  it  continued  in  force,  had  been  received  by  the  sovereign  now 
on  the  throne,  in  the  common  course  of  descent,  and  the  royal 
authority  in  these  lands  was  founded  on  the  same  laws  that  ex- 
isted, and  were  in  operation,  in  other  parts  of  the  realm. 

The  territory  in  America  could  only  be  regarded  as  a  part  of 
the  dominion  subject  to  the  crown,  and  subject  as  were  other  parts, 
to  the  powers  that  belonged  to  the  crown.  Hence,  .to  inquire 
whether  the  sovereign  could  make  such  a  grant  as  that  conferred 
upon  Sir  Humphrey  Gilbert,  is  only  to  consider  in  a  particular 
mode,  the  real  extent  of  the  royal  prerogative.  Queen  Elizabeth 
herself  was  wont  to  say  "that  the  Parliament  ought  not  to  deal, 
to  judge,  or  to  meddle  with  her  Majesty's  prerogative  Royal;" 
and  her  successor,  James,  declared  that  "as  it  is  Atheism  and 
blasphemy  in  a  creature  to  dispute  what  the  Deity  may  do,  so  it 
is  presumption  and  sedition  in  a  subject  to  dispute  what  the  king 
may  do,  in  the  height  of  his  power."  "  Good  Christians,"  he  says, 
"will  be  content  with  God's  will  revealed  in  his  word,  and  good 
subjects  will  rest  in  the  king's  will  revealed  in  the  laws."  But 
notwithstanding  these  pretentious,  the  royal  prerogative  was  really 
restricted  within  determined  bounds,  and  some  of  these  restrictions 
had  existed  from  the  earliest  period.  Ina,  the  great  Saxon  king, 
distinctly  acknowledged,  that  there  was  no  great  man  nor  any 
other  in  the  whole  kingdom,  that  could  abolish  written  laws.  It 
was  a  part  of  the  oath  administered  to  the  Saxon  kings  at  their 
entrance  upon  the  government,  that  they  should  "maintain  and 
rule  according  to  the  laws  of  the  nation."  In  the  year  1215, 
King  John  had  been  compelled  to  sign  the  Charter  which  from 
its  importance,  has  ever  since  been  denominated  Magna  .  Chartu. 
In  this  charter  the  limitations  of  the  royal  prerogative  were  dis- 
tinctly laid  down,  and  at  subsequent  periods  other  restrictions  had 
been  added,  and  assente'd  to.  And  at  the  very  time  that  King 


POSSESSION    BY    THE    ENGLISH.  23 

James  put  forth  his  arrogant  pretensions,  his  people  and  their 
representatives  in  Parliament  were  far  from  assenting  to  his  prin- 
ciples and  his  course.1  But  it  does  not  appear  that  in  the  act  of 
Elizabeth  in  which  she  gave  a  title  to  land,  and  granted  authority 
to  rule,  the  rightful  authority  of  the  sovereign  was  really  exceeded. 
A  title  to  land  *was  granted  by  the  English  monarchs  in  their 
character  as  Lords  Paramount.  "All  the  lands  in  the  kingdom," 
it  is  said,  "is  supposed  to  be  holden  mediately  or  immediately  of 
the  king,  as  Lord  Paramount."2  That  the  holder  of  the  crown 
was  to  be  regarded  as  the  original  proprietor  of  all  the  lands  in 
the  kingdom,  could  hardly  be  considered  as  more  than  a  fiction  of 
law;  yet  the  public  domain  comprizing  those  lands  which  re- 
mained unappropriated,  was  held  by  the  king,  and  was  distributed 
according  to  his  pleasure.  According  to  the  theory  of  the  British 
government,  all  vacant  lands  were  vested  in  the  crown,  as  repre- 
senting the  nation,  and  the  exclusive  power  to  grant  them  was 
admitted  to  reside  in  the  crown,  as  a  branch  of  the  royal  preroga- 
tive, and  under  such  grant  the  subject  could  take,  hold,  and  possess 
these  lands  in  full  propriety.  This  continued  to  be  the  case  long 
subsequent  to  the  time  of  Elizabeth,  and  until  the  passage  of  the 
statute  of  Queen  Anne,  in  the  year  1701.  In  consequence  of  this 
statute,  the  power  of  the  sovreign  over  the  lands  in  question, 
became  measurably  restricted. 

As  a  grant  of  property  then,  the  patent  given  to  Sir  Humphrey 
Gilbert  was  issued  in  accordance  with  law,  or  least  without  any 
violation  of  law.  The  other  part  of  the  grant,  the  power  to 
establish  government,  was  based  upon  similar  grounds.  It  did 
not  belong  to  the  king,  as  a  part  of  his  prerogative,  to  determine 
the  form  of  government,  throughout  his  entire  dominions ;  but  the 
laws  and  customs  of  the  country  allowed  a  different  exercise  of 
power,  in  different  parts  of  the  kingdom.  Counties  Palatine  had 


1  "  The  king  thought  that  the  lavish  tongues  of  men  pryed  too  narrowly  inlo 
Ihe  secrets  of  his  prerogative  which  were  mysteries  too  high  for  them,  being 
arcana  imperil,  fitted  to  be  admired  rather  than  questioned.  But  the  Parliament 
wcro  apprehensive  enough  that  these  hidden  mysteries  made  many  dark  steps 
into  the  people's  liberties;  and  they  were  willing  by  the  light  of  law  and  reason 
to  discover  what  was  the  king's,  and  what  was  theirs." — Parl.  Hist. 
*  Blackstone. 


24  POSSESSION    BY    THE    ENGLISH. 

their  own  rulers  and  laws ;  some  places  were  not  affected  by  acts 
of  Parliament,  unless  specially  named  therein,  and  where  posses- 
sion was  taken  of  vacant  territories,  the  king,  jure  coronoa  had 
the  power  of  instituting  government  therein,  provided  that  such 
government  was  consonant  to  English  usages  and  laws. 

The  patent  now  granted  by  the  Queen,  gave  authority  for  the 
establishment  of  a  proprietary  government,  a  form  in  which  both 
property  and  power  are  placed  in  the  same  hands.  "  Proprietary 
governments,"  says  a  high  authority,8  "are  granted  out  by  the 
crown  to  individuals,  in  the  nature  of  feudatory  principalities, 
with  all  the  inferior  regalities,  and  subordinate  powers  of  legisla- 
tion which  formerly  belonged  to  Counties  Palatine,  yet  still  with 
these  express  conditions  that  nothing  be  attempted  which  may 
derogate  from  the  sovereignty  of  the  mother  country." 

In  its  general  scope  then,  the  grant  to  Sir  Humphrey  Gilbert 
was  sanctioned  by  the  customs  and  laws  of  England. 

Very  soon  after  the  reception  of  the  patent,  Gilbert  made  a. 
voyage  to  America,  but  in  consequence  of  disasters  met  with  in 
the  course  of  his  voyage,  he  was  compelled  to  return  without 
effecting  a  settlement.  But  soon  afterwards  he  renewed  the  at- 
tempt. In  the  year  1583,  he  departed  from  London,  and  after  a 
more  prosperous  voyage,  arrived  in  America  with  a  company  of 
two  hundred  and  sixty  persons.  He  took  possession  of  St. 
John's,  in  Newfoundland,  and  made  proclamation  of  his  right  and 
title  to  the  country.4  He  proceeded  at  once  to  exercise  his 
authority,  and  enacted  three  principal  laws  for  the  government  of 
his  colony.  By  the  first  of  these,  public  worship  was  established 
according  to  the  Church  of  England,  by  the  second,  the  attempt- 
ing of  any  thing  prejudicial  to  her  majesty's  title,  was  declared  to 
be  treason  according  to  the  laws  of  England;  by  the  third,  the 
uttering  of  words  to  the  dishonor  of  her  majesty,  was  to  be 
punished  with  loss  of  ears,  and  the  confiscation  of  property. 

These  were  the  first  laws  ever  made  and  promulgated  in  the 


3  Blackstone. 

4  Gilbert  says,  "  On  the  5th  day  of  August  I  entered  here,  in.  the  right  of  the 
Crown  of  England,  and  have  engraven  the  arms  of  England." 

Letter  to  George  Peckliam. 


POSSESSION    BY    THE    ENGLISH.  25 

country.  They  form  a  brief  code  but  a  rigid  one,  and  these 
laws  are  worthy  of  notice,  not  only  from  their  position  in  le- 
gislative history,  but  also  as  an  exhibition  of  the  temper  of  go- 
vernment, at  that  time.  They  show  the  measure  of  liberty  in 
thought,  and  word,  and  deed,  that  was  then  allowed  to  the  sub- 
jects of  Britain.5 

But  Sir  Humphrey  Gilbert  did  not  live  to  bring  his  government 
into  actual  operation.  He  was  lost  soon  afterwards  in  an  attempt 
to  return  to  England,  and  the  enterprize  he  had  engaged  in,  totally 
failed. 

The  next  effort  for  the  establishment  of  a  colony  in  America, 
was  made  under  the  direction  of  Sir  Walter  Raleigh.  It  may  be 
that  the  grant  to  Raleigh,  who  was  the  half  brother  of  Sir  Hum- 
phrey Gilbert,  was  designed,  in  part,  as  an  extension  of  that  which 
had  been  made  to  the  latter.  Whether  so  or  not,  the  conditions 
were  nearly  the  same.  Raleigh's  grant  was  conveyed  by  an  in- 
strument which  bore  the  name  or  title  of  "  Letters  Patents  graunted 
by  the  Queenes  Majestic  to  M.  Walter  Ralegh  now  Knight,  for 
the  discovering  and  planting  of  new  lands  and  countries,  to  con- 
tinue the  space  and  time  of  six  yeers  and  no  more."  Dated 
March  25th,  1584. 

The  condition  of  this  grant  in  respect  to  time,  was  not  designed 
as  an  absolute  limitation,  it  meant  no  more  than  that  the  under- 
taking must  be  entered  upon  within  the  time  mentioned.6  Raleigh 
was  a  man  of  vigorous  and  ardent  mind,  and  he  immediately 
prepared  to  make  use  of  the  advantages  given  in  his  patent.  He 


s  It  would  seem  that  the  people  with  Gilbert  were  well  satisfied  with  his  enact- 
ments. It  is  said,  "  that  obedience  was  promised  by  generall  voyce,  and  consent 
of  the  multitude,  as  well  of  Englishmen  as  strangers,  praying  for  the  continuance 
of  this  possession,  and  government  begun." 

*  It  is  asserted  by  Stith,  (Stith's  Virginia,)  that  "  on  the  14th  of  September,  Ra- 
leigh's Patent  was  confirmed  in  Parliament,  and  a  proviso  added."  The  reason 
of  the  application  to  Parliament  is  not  given.  It  could  hardly  have  been  sup- 
posed that  a  confirmation  by  Parliament  was  necessary  in  order  to  give  validity 
to  the  instrument,  and  the  "proviso"  might  have  been  added  by  the  Queen,  by  the 
same  power  that  enabled  her  to  make  the  original  grant.  But  whatever  may  have 
been  the  cause  of  the  application,  it  affords  the  first  example  of  the  action  of 
Parliament  in  the  affairs  of  America. 
4 


26  POSSESSION    BY    THE    ENGLISH. 

equipped  and  sent  out  two  ships  under  the  command  of  Captains 
Armidas  and  Barlow.  They  arrived  on  the  American  coast  on 
the  4th  of  July,  1584.  They  landed  at  several  places,  and  ex- 
amined the  surrounding  country,  they  had  frequent  and  friendly 
interviews  with  the  native  tribes,  and  engaged  in  some  traffic.  At 
their  return,  the  English  commanders  made  a  most  favorable 
report,  and  Queen  Elizabeth  directed  that  the  country  they  had 
visited,  should  be  called  Virginia.  The  portion  of  territory  to 
which  this  name  was  given,  extended  from  the  thirty -fourth  to  the 
forty-fifth  degree  of  latitude. 

Raleigh  engaged  in  several  attempts  to  colonize  Virginia.  Act- 
ing either  singly,  or  in  concert  with  others,  he  caused  several 
bodies  of  men  to  be  sent  out  at  different  times  and  settled  in  the 
country.  These  colonies  maintained  their  positions  for  a  time ; 
the  settlers  erected  forts  and  dwellings,  acquired  a  knowledge  of 
the  land,  and  of  the  natives,  and  made  some  feeble  attempts  to 
establish  government.  But  in  the  end,  the  enterprize  was  wholly 
abandoned.  Some  of  the  colonists  perished  from  exposure  and 
want,  others  from  the  hostility  of  the  savage  tribes,  and  the  sur- 
vivors embraced  the  first  opportunities  that  offered  to  return  back 
to  England.7 

It  was  the  error  of  Raleigh  and  his  associates  that  they  failed 
in  a  proper  concentration  of  means.  Their  resources  and  their 
efforts  were  great,  but  they  were  expended  in  repeated  and 
distant  attempts.  No  one  of  the  bodies  sent  into  the  country 
was  possessed  of  sufficient  strength  to  ensure  success,  yet  they 
were  not  sustained  by  timely  assistance.  Of  consequence,  these 
bodies  fell  by  successive  disasters,  and  each  time  the  ruin  was 
so  complete,  as  to  destroy  not  only  the  labors  of  the  past, 
but  also  all  hope  for  the  future ;  so  far  as  these  bodies  were  con- 
cerned, all  expectation  was  extinguished. 


1 1t  is  commonly  stated  that  Raleigh's  Patent  was  afterwards  forfeited  in 
consequence  of  his  attainder.  But  before  the  final  dissolution  of  the  colonies  es- 
tablished by  him,  he  had  made  an  assignment  of  his  privileges  and  rights,  (wiih 
some  reservations,)  to  Thomas  Smith,  and  other  merchants  and  adventurers. 
This  assignment  was  made  on  the  7th  of  January,  1589.  The  assignees  attempted 
or  effected  but  little,  and  at  length  either .  relinquished  their  claims,  or  became 
parties  in  the  companies  subsequently  formed. 


I'OSSESSION    BY    THE    ENGLISH.  27 

About  this  period  the  pretentious  of  the  French  were  again 
advanced.  In  November,  1603,  Henry  IV.  of  France  made  a 
grant  of  territory  upon  the  American  continent  to  the  Sieur  De 
Monts,  a  gentleman  of  the  Bedchamber.  This  grant  extended 
from  the  fortieth  to  the  forty-sixth  degrees  of  latitude.  De  Monts 
was  constituted  Lieutenant  General,  with  power  to  colonize 
and  rule  the  country,  and  to  subdue  and  christianize  the  native 
inhabitants.  De  Monts  himself  was  a  Calvinest,  but  he 
agreed  to  establish  the  Catholic  religion  within  the  new  lands. 
He  made  a  voyage  to  America  with  a  company  of  adventurers, 
and  effected  a  settlement  which  however  was  soon  afterwards 
abandoned. 

The  re-appearance  of  the  French  at  this  time,  manifested  a 
disposition  to  persist  in  their  claims  upon  the  American  con- 
tinent, and  the  attempt  just  noticed,  together  with  others  that 
succeeded,  eventually  led  to  a  disbute  between  England  and 
France  which  was  finally  determined  by  an  appeal  to  the  sword. 

For  some  years  subsequent  to  the  issue  of  Raleigh's  attempts, 
Virginia  was  almost  entirely  neglected.  Different  navigators 
visited  the  country,  among  whom  Bartholomew  Gosnold  deserves 
to  be  particularly  noticed;  but  no  new  settlements  were  made, 
and  finally,  at  the  close  of  the  reign  of  Queen  Elizabeth,  it  is 
doubtful  whether  a  single  Englishman  remained  within  the  limits 
of  Virginia,  or  indeed  in  any  part  of  Northern  America.  Yet 
the  efforts  that  had  been  made  were  not  without  fruit.  The 
country  had  been  brought  into  notice,  a  period  of  actual  pos- 
session had  given  additional  strength  to  the  English  title,  the 
settlers  had  examined  the  lands,  and  the  difficulties  to  be  encoun- 
tered had  become  known  from  actual  trial.  The  first  adventurers 
had  suffered,  and  many  of  them  had  perished;  they  had  not  been 
able  to  secure  the  country  for  themselves,  but  they  had  rendered 
the  way  to  possession  more  easy  and  safe  to  others. 

The  beginning  of  a  new  reign  was  also  the  beginning  of  a  new 
era  in  colonial  history,  an  era  of  much  vicissitude  but  marked  by 
ultimate  success. 

In  the  year  1606,  application  was  made  to  James  the  First,  by 
divers  persons,  for  authority  to  engage  in  a  new  attempt  to  colo- 


28  POSSESSION    BY    THE     UNCiLlSH. 

nize  Virginia.  The  king  "greatly  commended  and  graciously 
accepted  their  desires,  for  so  noble  a  work."  A  patent  was  soon 
afterwards  issued  by  which  Virginia  was  divided  into  two  nearly 
equal  parts,  and  each  portion  was  assigned  to  a  separate  company. 
The  "First,"  or  southern  division  which  extended  from  the  thirty- 
fourth  to  the  forty-first  degree,  was  granted  to  a  body  called  the 
London  Company.  The  "  Second,"  or  northern  division  extended 
from  the  thirty-eighth  to  the  forty-fifth  degree,  and  was  assigned 
to  an  association  designated  by  the  name  of  the  Plymouth  Com- 
pany. It  is  evident  that  these  grants  were  conflicting,  as  they 
both  extended,  in  part,  over  the  same  portion  of  territory.  The 
portion  so  situated  was  that  between  the  thirty-eighth  and  forty- 
first  degrees  of  latitude,  and  included  the  present  States  of 
Maryland,  Delaware,  Pennsylvania,  and  the,  whole  of  New 
Jersey,  except  a  triangular  portion  at  its  northern  point.9  But 
a  direct  collision  between  the  companies  was  prevented  by  a  con- 
dition, that  one  should  not  form  a  settlement  within  one  hundred 
miles  of  a  colony  planted  by  the  other,  and  after  a  period,  their 
limits  were  reduced  to  entire  accordance,  as  will  hereafter  be 
noticed. 

The  patent  gave  to  these  companies  the  full  right  of  property  in 
the  soil  extending  fifty  miles  on  each  side  of  the  place  of  settle- 
ment, and  reaching  one  hundred  miles  into  the  interior  country. 
The  companies  were  authorized  to  transport  to  their  respective 
territories  as  many  English  subjects  as  should  be  willing  to 
adventure.  They  were  also  allowed  to  export  from  England 
whatever  was  necessary  for  the  defence  or  sustenance  of  the 
colonies,  without  paying  duties,  for  the  space  of  seven  years. 

The  government  that  was  established  was  distinct  in  name  and 
form,  from  the  companies,  and  was  of  a  character  not  a  little 
singular.  It  was  a  sort  of  Vice  Royalty  but  composed  of  different 
bodies,  and  embracing  a  large  number  of  members.  One  body 
having  general  authority,  was  to  be  established  in  England,  and 


•  It  is  to  be  observed,  however,  that  the  patent  did  not  define  the  limits  of  the 
grants  toward  the  west.  Those  portions  only  that  were  specifically  given  to  the 
companies,  were  defined  in  that  direction. 


POSSESSION    BY    THE    ENGLISH.  29 

two  others,  one  in  each  of  the  provinces,  with  subordinate  juris- 
diction. These  bodies,  called  councils,  were  to  consist  severally 
of  thirteen  members,  all  to  be  appointed  by  the  king.  The 
councils  were  to  administer  the  government  according  to  a  rule 
contained  in  ordinances  and  instructions  signed  with  the  royal 
hand,  or  the  sign  manual,  and  passed  under  the  privy  seal.  By 
this  code  of  instruction,  the  provincial  councils  were  empowered 
to  make  all  necessary  regulations  for  the  provinces,  provided  that 
they  should  be  consonant  to  the  laws  of  England,  and  subject  to 
revision  by  the  king  or  the  supreme  council  in  England.  The 
councils  were  also  authorized  to  levy  duties  on  foreign  commo- 
dities, and  the  amount  thus  raised  might  be  used  for  the  benefit 
of  the  colonies,  for  the  space  of  twenty-one  years,  then,  to  be 
paid  into  the  royal  exchequer.  They  were  to  superintend  and 
direct  the  distribution  of  lands  among  the  settlers,  and  all  lands 
that  were  granted  out  were  to  be  held  in  free  and  common  soccage 
only,  and  not  in  capite.  They  were  to  administer  justice  accord- 
ing to  British  customs  and  laws,  and  to  establish  Divine  worship 
in  conformity  with  the  doctrines  and  rites  of  the  Church  of 
England.  The  colonists  and  their  descendants  were  to  have  and 
enjoy  all  liberties,  franchises,  and  immunities  in  the  same  manner 
as  if  they  had  remained,  or  been  born,  in  England. 

The  conditions  of  the  patent  rnay  be  considered  as  they  related 
to  the  company,  and  as  they  affected  the  settlers  generally.  In 
the  former  respect,  the  grant  was  sufficiently  favorable,  in  view 
of  the  objects  pursued.  There  is  reason  to  believe  that  the  com- 
panies did  not  contemplate  the  establishment  of  independent  and 
prosperous  communities,  so  much  as  their  own  particular  ad- 
vantage; they  sought  to  secure  for  themselves,  the  real  or  imagined 
treasures  of  the  new  world. 

Some  of  the  provisions  in  relation  to  the  settlers  were  such  as 
to  do  honor  to  the  royal  grantor,  but  they  were  rendered  of  little 
effect  from  their  incongruity  with  others.  Lands  were  granted 
upon  the  freest  tenure.  All  the  rights  and  franchises  of  English 
subjects  were  also  fully  conceded,  a  grant  however  which  it  was 
scarcely  necessary  to  make. 

The  liberties  and  franchises  of  Englishmen  were  not  to  be  given 


30  POSSESSION    BV    THE    ENGLISH. 

or  withheld  at  the  pleasure  of  the  king;  they  were  set-nivd  to 
every  one  by  the  laws  of  the  realm,  and  the  claim  to  them  was 
neither  lessened  or  lost,  in  the  remotest  parts  of  the  kingdom.  In 
conferring  them,  the  king  did  but  give,  what  the  subject  had  a 
right  to  enjoy,  either  with,  or  without  his  grant.  Yet,  notwith- 
standing this,  and  notwithstanding  the  royal  concession  itself,  the 
patent,  in  some  of  its  provisions,  was  a  virtual  denial  of  the  rights 
and  immunities  of  Englishmen.  It  established  a  rule  in  which 
the  people  had  no  participation,  either  direct  or  remote.  The 
whole  government  was  in  the  hands  of  bodies  appointed  by  the 
king,  and  holding  and  using  their  authority  at  his  discretion ;  the 
royal  element  in  the  English  government  would  therefore  exist 
in  the  province  to  the  exclusion  of  all  the  others.  This  indeed 
might  amount  to  little  more  than  a  negative  evil  so  long  as  the 
action  of  government  was  properly  bounded ;  so  long  as  it 
continued  within  the  limits  which  marked  out  the  sphere  of 
royal  authority.  But  these  limits  were  not  observed.  New 
powers  were  assumed,  and  hence  the  colonists  were  reduced 
to  absolute  dependence  upon  the  clemency  or  discretion  of  the 
king,  except  in  a  few  particulars. 

But  these  objections  to  the  charter  granted  at  this  time,  were 
but  little  regarded,  and  it  was  under  the  authority  of  this  instru- 
ment that  the  first  permanent  settlement  within  the  limits  of  the 
British  possessions  was  made. 

This  enterprize  was  carried  on  by  the  South  Virginia,  or 
London  Company.  Three  ships  were  sent  out  under  the  com- 
mand of  Christopher  Newport,  carrying  a  body  of  emigrants,  one 
hundred  in  number.  The  expedition  arrived  in  the  bay  of 
Chesapeake  on  the  26th  of  April,  1607. 

Presently  after  landing,  a  situation  for  a  settlement  was  sought 
out,  and  the  place  selected  was  called  Jamestown,  in  honor  of  the 
king.  The  colony  here  planted  was  the  first  to  take  firm  root  in 
the  country.  The  history  of  its  early  struggles  cannot  here  be 
pursued,  but  it  would  be  unjust  to  pass  on  without  some  notice  of 
one  individual.  John  Smith,  one  of  the  members  of  the  Colonial 
Council,  was  a  man  who  from  nature  and  from  previous  habits, 
seemed  to  be*  fitted  for  the  time,  and  the  place.  He  had  great 


POSSESSION    BY    THE    ENGLISH.  31 

energy  and  determination,  and  was  accustomed  to  strenuous  effort. 
He  shrunk  from  no  trial  or  danger,  and  amidst  the  difficulties  and 
perils  of  this  period  bore  up  the  spirits  of  the  people,  and  more 
than  once  preserved  the  colony  from  ruin.  His  prudence  too, 
was  equal  to  his  vigor ;  whilst  he  boldly  explored  the  country  and 
kept  the  savages  in  awe,  he  directed  the  interests  of  the  settlers, 
urging  them  to  cultivate  the  lands,  and  to  rely  upon  their  own 
labor  as  the  only  sure  means  of  success.  He  may  be  regarded 
as  the  true  founder  of  this  settlement,  and  indeed,  as  a  chief  leader 
of  colonization  in  the  new  world. 

After  a  trial  of  three  years,  the  South  Virginia  Company  be- 
came dissatisfied  with  the  state  of  the  colony,  and  upon  application 
to  the  king,  they  received  on  the  23d  of  May,  1609,  a  new  charter 
containing  a  grant  of  additional  priviledges  and  powers.  The 
company  was  made  "one  body  or  commonalty  perpetual,"  and 
was  incorporated  under  the  name  of  "  The  Treasurer  and  Com- 
pany of  Adventurers  and  Planters  of  the  City  of  London,  for  the 
first  colony  of  Virginia."  To  this  body  an  absolute  title  was 
given  to  the  territory  extending  from  Point  Comfort,  two  hundred 
miles  to  the  north,  and  the  same  distance  to  the  south,  and  reach- 
ing westwardly  from  sea  to  sea. 

This  grant  differed  from  the  former  one  in  several  particulars. 
The  whole  of  the  lands  included  within  the  limits  just  mentioned, 
were  given  absolutely  to  the  company  as  property;  before,  a 
small  portion  only  was  thus  granted.  The  limits  also  were 
enlarged  in  some  directions,  but  were  reduced  toward  the  north ; 
two  hundred  miles  from  Point  Comfort  northwardly,  would  only 
reach  to  the  fortieth  degree  of  latitude,  whereas  the  former  grant 
extended  to  the  forty-first  degree. 

The  territory  between  the  fortieth  and  forty-first  degrees,  in 
which  more  than  one  half  of  the  State  of  New  Jersey  was 
included,  fell  from  the  time  of  this  grant,  under  the  sole  author- 
ity of  the  Northern  Virginia,  or  Plymouth  Company.  Before 
this,  both  the  Virginia  companies  had  a  claim  within  this 
extent.  Hence,  from  the  time  of  the  second  grant  to  the  South- 
ern Company,  the  country  which  is  here  to  be  particularly 
noticed,  belonged,  in  part  to  one  company,  and  in  part  to  the 


32  POSSESSION    BY    THE    ENGLISH. 

other,  the  fortieth  degrees  of  latitude  being  the  line  of  division  be- 
tween them.8 

Such  was  the  situation  of  affairs  when  a  new  company  of 
explorers  made  their  appearance,  as  will  be  noticed  in  the  ensuing 
chapter. 


9  The  extensive  grant  that  had  been  made  to  the  Northern  Company  was  re- 
duced by  the  positive  limitation  of  the  second  patent  to  the  Southern  one,  and 
thus  by  a  loss  and  gain  between  the  two  bodies,  the  limit  came  to  be  fixed  as  is 
here  mentioned. 


CHAPTER  III. 


T  HE      DUTCH     CLAIM 


IN  the  year  1609,  Henry  Hudson,  a  native  of  England,  visited 
the  American  Continent  with  a  view  to  the  discovery  of  a  north- 
west passage  to  the  Indies.  The  discovery  of  a  continent  of 
almost  measureless  extent,  and  teeming  with  all  the  elements  of 
wealth,  had  not  lessened  the  desire  of  the  people  of  Europe  to  reach 
and  to  share  the  riches  of  "the  gorgeous  East."  To  find  a  more 
direct  passage  to  that  region,,  was  an  object  which  continued  to 
claim  the  attention  and  to  excite  the  efforts  of  governments  and  of 
corporate  bodies,  as' well  as  of  private  adventurers.  Hudson  had 
already  been  repeatedly  engaged  in  these  attempts.  On  his  pre- 
sent voyage,  he  proceeded  closely  beside  the  American  coast,  and 
examined  the  appearance  and  direction  of  some  of  the  principal 
streams.  On  the  28th  of  August  he  entered  "a  great  Bay,"  the 
same  to  which  the  name  Delaware  was  afterwards  given.1  But 
he  did  not  explore  the  stream  to  any  extent,  finding  it  to  promise 
but  little  in  reference  to  the  special  object  he  had  in  view,  and 
after  a  brief  survey,  he  proceeded  onward  in  a  northwardly 
direction.  On  the  12th  of  September  he  entered  a  bay  farther 
north,  the  Bay  of  New  York,  and  discovered  the  river  which  still 
bears  his  name.  After  exploring  this  stream  and  holding  some 
intercourse  with  the  natives  upon  its  shores,  the  commander 
descended  and  immediately  put  to  sea,  and  proceeded  to  Europe.2 


1  The  next  year  after  the  voyage  of  Hudson,  Lord  Delaware  touched  at  this 
bay  on  his  passage  to  Virginia.  It  is  probable  that  either  he  or  some  of  his  com- 
pany gave  his  name  to  the  bay  at  that  time,  for  about  two  years  afterwards,  in 
May,  1612,  it  was  mentioned  by  the  nam,p  of  Delaware  Bay,  in  a  letter  written 
by  Captain  Argal,  from  Virginia.  The  letter  is  given  in  Purchas. 

1  It  is  to  be  observed  that  Hudson  proceeded  at  first,  from  north  to  south,  he 
afterwards  changed  his  course  and  ran  in  an  opposite  direction.  In  the  first  part 
of  his  voyage — he  made  the  laud  first  in  the  latitude  of  fourty-four  degrees,  fifteen 
5 


34  THE    DUTCH    CLAIM. 

Very  different  statements  are  given  by  writers  as  to  the  par- 
ticular circumstances  connected  with  this  voyage.  It  is  asserted 
by  some  that  Hudson  had  been  sent  out  with  an  English  com- 
mission, but  that  he  afterwards  sold  the  country  he  had  explored, 
together  with  all  his  maps  and  charts,  to-  a  foreign  people,  the 
Dutch.  Others  declare  that  he  had  been  employed  by  the  Dutch, 
at  first. 

The  question  arising  from  these  statements  is  not  without  im- 
portance. If  Hudson  had  sailed  with  a  commission  from  his  own 
government,  and  was  acting  as  an  English  subject,  the  benefit  of 
his  services  must  have  accrued  to  his  own  sovereign,  Under 
these  circumstances,  no  sale  to  another  people,  had  it  been  made, 
would  have  been  of  the  slightest  force;  it  would  only  have  been 
a  transfer  of  that  to  which  the  vender  had  no  right,  and  having 
none  himself,  none  could  have  been  conveyed  to  others. 

But  in  fact,  though,  Hudson  had  formerly  been  employed  by  a 
company  of  merchants  in  London,  and  had  made  two  voyages  of 
discovery  on  their  behalf,  he  was  not,  at  this  time,  in  the  English 
service.  He  had  left  his  own  country  and  entered  into  an  engage- 
ment with  a  commercial  company  that  had  been  formed  in  Hol- 
land, calle.d  the  East  India  Company,  and  it  was  during  his  engage- 
ment with  that  body  that  the  voyage  now  under  notice  was  made. 

But  another  difficulty  has  here  been  started.  Hudson,  as 
already  stated,  was  a  native  of  England,  and  it  has  been  con- 
tended by  some,  that  he  could  not  transfer  his  allegiance  as  a 
subject  so  far  as  to  give  an  important  claim,  to  a  foreign  people. 
But  this  objection  is  not  well  founded ;  it  is  opposed  to  the  uniform 
usages  of  nations.  '  According  to  these  usages,  when  a  discovery 
has  been  made  under  authority  from  any  people  or  prince,  the 
whole  benefit  has  been  claimed  by  the  principal,  without  the  least 
regard  to  the  nativity,  or  the  previous  obligations,  of  the  agent 
employed.  Columbus  was  not  a  native  of  Spain;  Cabot  was  not 


minutes,  and  there  went  on  shore.  The  next  land  he  discovered  was  Cape  Cod, 
which  he  supposed  to  be  an  island,  and  called  it  New  Holland.  After  that  he 
reached  "  Dry  Cape,"  or  Cape  Charles,  not  far  from  which  the  English  had  settled 
three  years  before.  On  his  return  he  examined  Delaware  Bay,  afterwards  the 
Bay  of  New  York,  and  Hudson  River. 


THE    DUTCH    CLAIM.  .  35 

an  Englishman,  and  Verrazano  did  not  belong  by  birth  to  France. 
Yet  the  claims  of  these  nations  have  never  been  disputed  on  that 
ground,  and  there  is  nothing  in  the  present  case  to  exclude  it 
from  the  operation  of  the  general  rule.3 

But,  whilst  it  is  allowed  that  the  benefit  accrueing  from  the 
voyage  of  Hudson  belongs  to  the  Dutch  alone,  an  important 
question  is  still  to  be  determined.  The  claim  such  as  it  is,  must 
be  conceded,  yet  this  concession  is  of  no  weight  in  relation  to  the 
value  of  the  claim  itself. 

It  may  be  that  Hudson  was  the  first  to  enter  the  Bay  of  Dela- 
ware, and  to  ascend  the  North  River,  it  may  be  that  the  people 
with  him  were  the  first  Europeans  that  ever  set  foot  upon  the 
shores  of  New  Jersey,  or  New  York,  but  this  is  by  no  means 
sufficient  to  determine  the  question  of  -right  to  the  territory.4 


3  The  only  peculiarity  in  the  present  case  is  this,  Hudson  was  not  acting  under 
ihe  authority  of  government,  but  under  the  direction  of  a  commercial  company. 
Yet  this  company  had  been  established  upon  a  grant  from  its  own  government, 
and  except  so  far  as  exclusive  priviledges  had  been  given  to  this  body,  the  claim 
that  was  acquired  must  be  considered  as  a  national  one. 

4  There  is  reason  to  believe  that  Hudson  was  not  really  the  first  to  visit  the 
country  within  the  limits  of  New  York.     These  (speaking  of  the  French  with 
Verrazano)  were  probably  the  first  European  feet  that  ever  trod  upon  any  part 
of  the  territory  now  included  within  the  State  of  York.— Miller's  Discourse. 

The  first  house  erected  and  the  first  soil  cultivated  by  any  Europeans  within 
the  limits  of  New  York,  and  indeed  the  first  particular  examination  of  any  part 
of  New  England,  were  by  Bartholomew  Gosnold,  one  year  before  the  death  of 
Queen  Elizabeth,  one  hundred  and  ninety-five  years  afterwards,  in  1797,  Dr. 
Belknap  discovered  the  cellar  of  the  house  that  had  been  built  by  Gosnold  on  one 
of  the  Elizabeth  Islands,  and  some  vestiges  of  it  were  found  by  a  party  of  gentle- 
men who  recently  visited  tl;e  spot. — Yates  and  Moulton. 

In  reference  to  the  South  River  and  the  country  upon  it,  it  has  also  been  said, 
"  That  there  was  of  very  early  and  ancient  times,  the  beginning  whereof  is  not 
known,  a  settlement  and  plantation  on  the  Delaware,  made,  planted,  and  in- 
habited by  the  Swedish  nation  and  afterwards  held  and  inhabited  in  the  year 
one  thoasand  six  hundred  and  nine,  and  for  many  years  afterwards  by  Christians 
under  the  dominion  of  the  States  General  of  Holland." — Bill  in  Chancery  by  the 
Penns,  against  Ijord  Baltimore,  1735. 

It  is  also  said  that  this  place  was  visited  before  the  advent  of  Hudson,  by  Sir 
Walter  Raleigh.  The  Baron  De  la  War,  Sir  Thomas  Dale,  and  Sir  Samuel 
Argal.  But  most  of  these  statements  are  erroneous,  and  others  are  merely  con- 
jectural. It  is  not  known  that  the  country  up  n  the  Delaware,  had  ever  been 
visited  by  Europeans  before  the  coming  of  Hudson  ;  but  it  is  thought  probable 
that  Verrazano  had  touched  upon  the  northern  part  of  the  shore  of  New  Jersey. 


36  THE    DUTCH    CLAIM. 

The  territory  in  question  formed  but  a  part  of  the  country 
originally  discovered  and  claimed  by  Cabot  on  behalf  of  the 
British  crown..  No  country  can  be  twice  discovered,  unless 
history  should  fail;  the  annals  of  an  age  or  a  people  may  perish, 
and  thus  the  particulars  that  mark  the  nature  of  a  claim,  and  even 
the  claim  itself,  may  be  utterly  lost  from  the  knowledge  of  men. 
Then,  in  succeeding  times,  an  entirely  new  claim  may  again  arise 
and  be  successfully  maintained. 

It  is  conjectured  that  the  Northmen  had  visited  the  shores  of 
America  long  prior  to  the  advent  of  Columbus  and.  Cabot,  but  the 
fact,  if  fact  it  be,  is  only  sustained  by  a  faint  tradition  which 
modern  nations  have  ceased  to  regard. 

But  such  was  not  the  case  with  the  British  discovery;  it  'con- 
tinued to  be  known,  and  it  was  fully  known  to  the  Dutch  at  the 
time  of  the  voyage  of  Hudson. 

But  the  claims  of  Hudson  as  a  discoverer  have  sometimes  been 
urged  upon  a  different  ground.  According  to  the  regulations  of 
European  law,  it  is  said,  the  discoverer  of  the  mouth  of  the  stream 
acquires  a  right  to  the  territory  connected  with  such  stream  and 
its  branches,  and  hence,  that  the  country  upon  the  Delaware,  and 
the  Hudson,  in  accordance  with  the  rule  in  question,  would  belong 
to  the  Dutch. 

The  regulation  is  acknowledged,  but  it  does  not  apply  to  the 
case.  It  will  only  apply  where  there  has  been  a  real,  original 
discovery,  where  the  coast,  and  the  country  connected  with  the 
stream  have  before  been  unknown.5  It  cannot  be  supposed  that 
the  discovery  of  the  outlet  of  a  stream  would  give  a  right  to  the 
territory  along  its  entire  extent,  although  such  territory  had  been 
known  and  claimed  before.  This  would  be  unjust  and  indeed 
absurd.  The  regulations  of  European  law  give  no  support  to 
such  a  pretence. 

But  another  point  is  still  to  be  noticed.  It  may  be  supposed 
that  so  long  a  period  had  passed  from  the  time  of  the  original 
discovery  by  Cabot,  that  the  claim  of  the  English  had  lapsed,  and 
in  consequence  that  though  the  claim  of  the  Dutch  as  'discoverers 


•  See  p.  14. 


THE    DUTCH    CLAIM.  37 

should  not  be  allowed,  they  yet  might  come  in  and  acquire  a  right 
from  occupation  and  use. 

The  duration  of  a  claim  from  discovery 'Jias  already  been 
sufficiently  considered.6 

But,  at  this  time,  the  rights  of  the  English  to  this  part  of  the 
American  continent  did  not  rest  upon  discovery  alone,  there  had 
been  actual  appropriation  and  possession.  Portions  of  territory 
had  been  granted  at  different  times  by  the  English  sovereign,  to 
certain  individuals  or  bodies,  and  these  grants  had  been  made  by 
formal  conveyances,  describing  the  situation  and  extent  of  the 
lands  so  as  to  fix  their  place  and  extent.  In  this  manner  the  very 
portion  of  country  that  was  visited  by  Hudson  'had  been  granted 
and  conveyed.  Most  of  it  indeed  had  been  repeatedly  granted. 
Not  to  mention  the  ill  denned  conveyance  to  Sir  Humphrey 
Gilbert,  it  had  been  given  to  Sir  Walter  Raleigh  as  a  part  -of 
Virginia;  afterwards  to  the  North  and  South  Virginia  Company, 
and  was  divided  between  them  as  already  described,  and  finally, 
only  a  few  months  before  the  visit  of  Hudson,7  a  second  grant 
had  been  made  to  the  South  Virginia  Company,  and  in  this,  the 
precise  spot  was  included  which  seems  to  have  been  regarded  as 
the  starting  point  of  the  Dutch  possessions.8  Upon  the  territory 
which  had  thus  been  granted,  English  emigrants  had  actually 
settled,  and  were  then  in  possession.  The  possession  indeed  was 
not  such  as  that  every  part  of  the  territory  was  taken  up ;  nor 
was  this  necessary.  "A  country,"  says  a  learned  authority,  "is 
taken  possession  of  either  in  the  lump  or  by  parts.  But  if  in  a 
country  possessed  in  the  lump,  any  thing  remains  unassigned  to 
private  persons,  it  ought  not  therefore  to  be  accounted  vacant,  for 
it  still  belongs '  to  him  who  first  took  possession  of  that  country, 
whether  king  or  people,  such  as  rivers,  lakes,  ponds,  forest,  and 
uncultivated  mountains."9  Portions  of  territory  not  really  occu- 


6  See  p.  18. 

1  The  second  patent  was  given  to  the  South  Virginia  Company  on  the  23d  of 
May,  1609. 

8  The  Bay  of  the  South  River,  (or  Delaware,)  was  the  first  place  of  which  the 
Men  of  the  Half  Moon  took  possession,  before  any  Christian  had  been  there. — 
Vander  Doncl). 

"Grotius. 


d»  THE    DUTCH    CLAIM. 

pied,  will  thus  be  subject  to  the  right  of  ownership  as  well  as  the 
particular  parts  that  are  actually  possessed;  the  same  right  will 
exist  throughout  the  whole  extent. 10  In  the  instance  under  notice 
the  right  of  possession  extended  over  the  whole  of  the  country  that 
had  been  entered  upon  in  pursuance  of  grants  from  the  English 
sovereign,  and  was  equally  good  throughout  these  limits ;  it  was 
equally  good  on  the  Delaware  as  on  the  James  River. 

No  formal  claim  to  the  country  that  had  been  examined  by 
Hudson,  was  preferred  at  the  time,  either  by  the  Dutch  East 
India  Company,  or  by  the  Government  of  Holland.  But  it  was 
not  long  before  the  country  was  again  visited.  At  this  time 
the  people  of  the  Low  Countries  had  but  just  emerged  from  a 
struggle  in  which  they  had  waged  a  successful  war  with  one  of 
the  oldest  kingdoms  of  Europe.  They  were  left  with  their 
liberty,  but  with  little  beside.  Their  necessities  as  well  as  their 
maritime  situation  disposed  them  to  commercial  pursuits.  No 
opportunity  was  to  be  neglected  for  extending  the  trade  of  the 
country,  and  the  enterprize  of  Hudson  was  supposed  to  have 
opened  a  field  which  they  were  ready  and  eager  to  enter. 

The  furs  which  had  hitherto  been  procured  from  remoter 
countries,  and  which  formed  a  coveted  article  of  trade,  had  been 
found  in  the  new  lands,  and  might  be  cheaply  obtained  from  the 
simple  natives. 

The  very  next  year  after  the  voyage  of  Hudson,  a  vessel  was 
sent  out  by  some  merchants  of  Amsterdam  freighted  with  a 
variety  of  goods,  in  order  that  a  traffic  might  be  opened  with  the 
native  tribes. 

The  success  of  this  adventure  was  such  as  to  give  encourage- 
ment to  further  attempts,  and  in  the  following  year  application 
was  made  to  the  States  General,  and  licenses  were  granted  to  two 
ships,  which  afterwards  proceeded  to  the  Bay  of  New  York." 


10  But  under  a  claim  from  possession  a  vague  demand  may  not  be  made  extend- 
ing over  territory  not  defined  by  ascertained  limits.    In  the  absence  of  a  positive 
grant  from  a  superior,  it  will  be  confined  within  such  bounds  as  the  actual 
knowledge  and  efforts  of  the  possessors  themselves  have  enabled  them  to  lay 
down  within  these  limits,  it  will  be  good  in  so  far  as  it  is  good  at  all. 

11  O'Callaghan,  New  Netherland,  p.  68. 


THE    DUTCH    CLAIM.  39 

The  prospect  of  advantage  that  was  opened  led  to  the  adoption  of 
measures  to  secure  the  trade  of  the  country.  Petitions  were  pre- 
sented to  the  States  General  praying  that  exclusive  privileges 
might  be  secured  to  the  discoverers  and  explorers  of  new  lands. 
Accordingly,  on  the  27th  of  March,  1614,  an  edict  was  issued  by 
"The  States  General  of  the  United  Netherlands,*"  by  which  all 
and  every  of  the  inhabitants  of  the  United-  Netherlands  who 
should  discover  any  courses,  havens,  countries,  or  places,  should 
have  the  exclusive  right  to  frequent  there,  for  four  voyages ;  all 
other  persons  being  prohibited  on  pain  of  confiscation  of  ships 
and  goods,  and  a  fine  of  fifty  thousand  Netherland  ducats. 

Under  the  protection  promised  by  this  ordinance,  a  number  of 
merchants  fitted  out  and  despatched  five  ships,  which  were  under 
the  direction  of  Adriaen  Block,  Hendrick  Corstiaensen,  and  Cor- 
nelis  Jacobsen  Mey. 

In  the  course  of  their  voyage,  these  navigators  examined  a 
portion  of  the  American  coast  with  a  good  degree  of  exactness 
and  care.  Block  and  Corstiaensen  explored  the  whole  extent 
from  Massachusetts  Bay  to  the  Hudson  River.  '  Mey  extended 
his  researches  to  the  south,  he  examined  the  shores  of  Long 
Island,  and  afterwards  reached  the  Delaware  Bay,  to  one  of  the 
capes  of  which  his  own  name  'has  been  given,  and  which  it 
continues  to  bear. 

Block  and  Mey  appear  to  have  returned  directly  to  Holland  to 
render  an  account  of  their  discoveries,  and  to'  aid  in  securing  in  a 
proper  manner,  the  advantages  of  exclusive'  trade.  .  The  company 
by  whom  they  had  been,  employed;  caused  .a  full  report  of  the 
voyages,  with  a  map  of  the  countries  that -had  been  explored,  to 
be  laid  before  the  States  General,  with,  an  application  for  the 
priviledges  allowed  in  the  late  edict  of  the  State,  to  all  discoverers. 
Accordingly,  on  the  llth  of  October,  1614,  a  special  grant  was 
made  in  favor  of  the  company.12  They  were  .to  have  the  exclu- 
sive right  to  visit  and  navigate  the  described  lands  "situate  in 
America  between  New  France  and  Virginia,  the  sea  coasts  of 


1Q  The  persons  belonging  to  this  company  were  particularly  named. 
O'Calaghan,  p.  71. 


40  THE    DUTCH    CLAIM. 

which  lie  between  the  fortieth  and  the  forty -fifth  degrees  of  lati- 
tude, and  which  are  now  named  NEW  NETHERLAND."13  But  the 
privilege  thus  given  was  limited  to  four  voyages,  to  be  performed 
within  the  space  of  three  years.  The  company  to  whom  this 
grant  was  made  assumed  the  name  of  "  The  United  New 
Netherland  Company." 

Commander  Corstiaensen,  who  with  his  people,  had  remained 
in  the  country,'4  proceeded  to  make  the  arrangements  that  were 
required,  in  .order  that  the  advantages  expected  from  the  present 
attempt  might  be  fully  secured.  A  place  was  to  be  chosen  for  a 
settlement.  Advancing  up  the  Hudson,  they  arrived  at  an  island 
which  they  supposed  to  be  advantageously  situated  for  their  pur- 
pose, being  so  far  up  the  stream  as  to  bring  them  a  sufficient 
distance  within  the  country,  and  yet  was  not  difficult  of  access 
from  without.  Here  their  first  essay  was  made ;  a  rude  fortifica- 
tion was  erected,  to  which  they  gave  the  name  of  Fort  Orange ;  it 
was  encircled  with  a  moat  and  defended  by  several  pieces  of 
cannon.  But  the  entire  company  did  not  long  remain  at  this 
place,  it  is  possible  indeed,  that  the  whole  number  may  never 
have  gone  there.  Previous  adventurers  had  erected  some  slight 
defences  near  the  mouth  of  the  stream  on  the  Island  of  Manhattan, 
and  this  circumstance,  together  with  the  manifest  advantages  of 
the  position,  invited  to  farther  improvements.  Here  a  fort  was 
erected,  and  this  place  became  the  principal  point  of  business  and 
intercourse.  The  work  here  erected  was  called  Fort  Amsterdam. 


13  The  limits  as  here  given  are  not  correct,  probably  the  points  of  latitude  had 
not  been  fully  determined,  or  the  precise  extent  to  be  secured,  or  that  was 
afterwards  claimed;  had  not  been  fully  examined.  It  is  elsewhere  said  that  this 
country,  the  New  Netherlands,  begins  north  of  the  Equinoctial  line  thirty-eight 
degrees  fifty-three  minutes,  and  extends  north-easterly  along  the  sea  coast  to  the 
latitude  of  forty-two  degrees.  We  may  safely  say  that  we  do  not  know  how 
deep  or  how  far  we  extend  inward. — Van  der  Donck. 

"  The  statements  here  given  as  to  the  return  of  Block  and  Mey  and  the  stay  of 
their  associate,  is  founded  entirely  upon  a  comparison  of  the  several  circum- 
stances attending  the  enterprize.  No  distinct  authority  can  be  referred  to.  Cor- 
sliaensen  was  in  the  country  at  a  period  which  almost  forbids  the  supposition  that 
he  had  returned  to  Holland,  and  again  come  back.  During  this  period,  no  men- 
tion is  made  of  either  Block  or  Mey  and  the  presence  of  the  former  and  the 
absence  of  the  two  latter  are  hence  inferred. 


THE    DUTCH    CLAIM.  41 

In  the  following  year,  as  it  is  stated,  a  small  redoubt  was  thrown 
up  on  the  opposite  bank  of  the  Hudson,  within  the  limits  of  the 
present  State  of  New  Jersey.15 

The  immediate  object  in  view  in  the  undertaking  directed  by 
Corstiaensen,  was  the  prosecution  of  traffic  with  the  native  tribes ; 
the  settlement  was  strictly  a  trading  establishment. 

Yet  even  this  could  not  be  properly  conducted  without  order 
and  government.  The  principal  direction  of  affairs  at  first,  fell 
into  the  hands  of  Corstiaensen  himself,  he  being  installed  as  Upper 
Hoofdt  or  Chief  Commander.  Next  in  dignity  was  Jacques 
Elckens,  who  performed  the  duties  of  Principal  Commissary,  and 
also  acted  as  occasion  required,  as  Deputy  Commandant.18 

The  New  Netherland  Company  continued  to  forward  ships  to 
the  Island  of  Manhattan,  and  the  settlement  at  that  place  gradually 
increased  in  extent  and  in  strength ;  dwellings  were  erected  around 
the  fort,  and  the  entire  settlement  received  the  name  of  New 
Amsterdam. 

The  officers  to  whom  the  management  of  the  colony  was 
entrusted,  worthily  performed  the  duties  of  their  trust.  They 
directed  the  manifold  details  of  business,  and  preserved  the  settle- 
ment in  peace.  Their  wisdom  was  especially  manifested  in  the 
measures  they  adopted  toward  the  neighboring  Indian  tribes. 
They  concluded  a  treaty  of  alliance  and  peace  with  the  great 
Five  Nation  Confederacy,  and  by  this  step,  a  danger  the  most  to 
be  dreaded  by  the  colonists,  was  warded  off,  and  at  the  same 
time,  the  necessary  facilities  for  the  prosecution  of  trade  were 
preserved  and  secured.  The  treaty  with  the  natives  was  con- 
cluded on  the  most  formal  manner,  and  it  is  supposed  that  the 
Delaware  or  Lenape  tribes  were  also  present  and  assumed  a 
peculiar  character,  at  this  solemnization.17 

After  a  period,  some  attempts  appear  to  have  been  made  to- 
ward a  farther  extension  of  the  colony ;  it  is  asserted  that  between 
the  years  1617  and  1620,  settlements  were  made  at  Bergen,  in 
New  Jersey,  in  the  neighborhood  of  the  Esopus  Indians,  and  also 
at  Schenectady.18  These  early  advantages  and  advances  seemed 
to  open  the  way  to  future  success. 

"  Gordon,  p.  G. .  '6  Moulton.  "  Gordon,  p.  7.  "  Gordon,  p.  7. 


42  THE    DUTCH    CLAIM. 

But  there  were  other  circumstances  of  a  different,  and  some  of 
a  threatening  character ;  the  course  of  the  colonists  was  not  to  be 
one  of  steady  prosperity.  There  Was  that  in  the  nature  of  their 
claim  to  the  country  which  rendered  them  liable  to  danger  or 
difficulty,  and  difficulty  from  this  source,  was  quickly  experienced. 

Scarcely  had  the  Dutch  become  seated  at  Manhattan,  before 
they  were  visited  by  a  company  of  English.  This-  body  was 
under  the  direction  of  Captain  Argal,  of  Virginia;  he  had  been  on 
a  voyage  to  the  north,  and  in  his  progress;  had  attacked  and  dis- 
persed a  company  of  French,  who  had  settled  at  Port  Royal,  in 
Acadia.  Argal  was  p'robably  prepared  for  a  similar  attempt  upon 
the  Dutch,  had  any  resistance  been  offered.  He  told  the  "pre- 
tended Dutch  Governor,''  that  he  had  a  commission  to  expel 
him  and  all  "alien  intruders"  on  his  majesty's  dominion  and 
territories.  Corstiaensen  was  forced  to  submit  himself  and  his 
plantation  to  the  King  of  England,  and  to  the  Governor  of 
Virginia,  for,  and  under  him.  He  also  agreed  to  the  payment  of 
an  annual  tribute  as  an  acknowledgement  of  the  English  title, 
but  this  agreement,  as  will  hereafter  be  seen,  was  not  adhered  to 
by  the  Dutch.19  .  Opposition  to  the  claims  of  the  Dutch  was  also 
manifested  on  other  occasions,  though  not  in  a  manner  so  decisive 
as  that  exhibited  in  the  movements  of  Argal.  • 

At  this  time  the  Northern  Virginia  or  Plymouth  Company 
appeared,  to  revive  their  claim.  To  this  company  the  greater  part 
of  the  country  embraced  in  New  Netherland  had  belonged,  before. 


19  Plantagenet's  New  Albion,  Heylin's  Cosmography,  O'Callaghan's  New 
Netherland. 

Scarcely  any  event  in  our  early  history  -has  given  rise  to  more  discussion 
than  the  visit  of  Captain  Argal  to  the  Dutch  settlement.  The  occurrence 
itself  has  been  questioned,  by  some,  on  the  ground  that  nothing  appears  concern- 
ing it  in  the  records  of  the  Virginia  colony,  whilst  the  attack  upon  the  French  is 
repeatedly  mentioned.  But  this  negative  circumstance  cannot  be  admitted  as  of 
any  weight  when  opposed  by  positive  evidence.  The  time  of  the  visit  has  also  been 
variously  stated,  and  highly  respectable  authorities  place,  it  so  early  as  1613.  It 
is  certain  that  from  1610  to  1613,  the  country  was  frequently  visited  by  Dutch 
navigators,  and  there  is  reason  to  suppose  that  the  principal  trading  station  was 
on  the  Island  of  Manhattan.  But  there  is  nothing  to  show  that  there  was  any 
thing  like  a  permanent  establishment,  and  still  less  that  there  was  any  officer  who  • 
could  with  any  propriety,  be  called  a  "Dutch  Governor,"  prior  to  1014,  when 
Corstiaensen  established  himself,  and  erected  Fort  Amsterdam. 


THE    DUTCH    CLAIM*  43 

the  coming  of  the  Dutch,  and  this  claim  had  never  been  relin- 
quished. The  'Plymouth  Company  had  been  less  successful  than 
its  Southern  rival ;  different  attempts  had  been  made  to  establish 
settlements  in  the  country  granted  in  their  charter,  but  all  had 
finally  failed.  But  at  this  time  ah  entirely  new  patent  was 
granted  by  the  king.20  It  was  given  to  the  Duke  of  Lennox,  Sir 
Ferdinando  Gorges,  and  others,  forming  an  association  under  the 
name  of  "The  Council  established  at  Plymouth,  in  the  county  of 
Devon,  for  the  planting,  ordering,  and  governing  of  New  England, 
in  America."  To  this  company  was  given  "all  that  circuit,  con- 
tinent, precincts,  and  limits  in  America  from  the  fortieth  to  the 
forty -eighth  degree  of  northernly  latitude."  This  grant  was 
made  without  the  least  regard  to  the  presence  of  the  Dutch,  al- 
though it  included  the  whole  of  their  settlements,  and  nearly 
the  whole  of  the  country  they  claimed. 

Almost  at  the  very  time  of  the  execution  of  the  grant  above 
mentioned,  a  company  of  persons  took  possession  of  a  portion  of 
country  embraced  therein.  This  was  a  body  of  English  Puri- 
tans. Persecuted  in  their  own  country  on  account  of  their  reli- 
gious belief,  they  had  fled  to  Holland,  where  a  greater  degree 
of  liberty  was  allowed.  But  there  they  were  not  content,  and 
their  minds  at  length  were  turned  toward  a  new  land,  where 
they  supposed  they  might  escape  from  the  corruptions  of  the 
ancient  world,  and  be  at  liberty  to  enjoy,  and  also  to  pro- 
pogate,  the  faith  they  professed.  A  proposal  was  made  by  the 
Dutch  among  whom  they  resided,  that  they  should  settle  in  the 
province  of  New  Netherland,  but  this  offer  was  declined  by  the 
English  unless  it  could  be  taken  with  a  condition,  reserving  the 
rights  of  their  own  nation,  to  the  lands  they  should  occupy.  At 
length  they  procured  a  patent  from  the  South  Virginia  or  London 
Company.  Their  voyage  to  America  was  one  of  peril,  and  they 
had  finally  been  compelled  to  land  upon  part  of  the  coast  far  dis- 
tant from  their  point  of  destination,  and  where  the  patent  they  held 
would  be  useless  and  void.  But  they  resolved  to  remain,  and  on 
the  20th  of  December,  1620,  they  began  to  erect  dwellings  at  a 


1  Dated  in  November,  1620. 


44  THE    DUTCH    CLAIM* 

place  they  called  Plymouth.  Fortunately  for  these  settlers,  their 
friends  soon  afterwards  procured  for  them  a  second  charter  by 
which  they  were  allowed  to  possess  and  enjoy  a  portion  of  ter- 
ritory connected  with  their  settlement,  under  the  authority  of  the 
great  New  England  Company. 

The  observer  will  perceive  that  in  these  movements  the  territory 
of  New  Netherland  had  not  only  been  conveyed  by  a  grant  from 
the  English  sovereign,  but  that  a  company  of  Englishmen  had 
actually  entered  within  its  limits,  and  taken  possession. 

The  New  Netherland  Company  were  also  informed,  as  is  stated 
in  a  memorial  they  presented  to  the  government,  that  His  Britannic 
Majesty  was  inclined  to  people  the  aforesaid  lands  with  English- 
men; to  destroy  the  petitioner's  possessions  and  discoveries,  and 
to  deprive  the  State  of  its  right  to  these  lands.21 

Nor  was  this  questioning  of  tide  the  only  circumstance  that 
occurred,  unfavorable  to  the  advancement  of  New  Netherland. 
The  charter  of  exclusive  privileges  that  had  been  granted  to  the 
New  Netherland  Company,  had  expired  by  its  own  limitation,  and 
the  government  refused  to  grant  a  renewal.  Special  licenses  were 
given  to  applicants  from  year  .to  year,  and  an  intercourse  with 
the  colony  was  thus  kept  up ;  but  without  the  prospect  of  perma- 
nent benefit  there  was  little  to  induce  to  farther  improvement. 

The  benefits  of  trade  were  opened  to  a  larger  number,  but  the 
colony  began  to  languish  for  want  of  special  and  steady  support. 

The  danger  and  loss  which  might  be  apprehended  from  the 
several  causes  that  have  just  been  mentioned,  may  have  hastened 
a  project  which  at  this  time  was  meditated  in  Holland  for  forming 
a  new  and  more  extended  company.  At  this  period  the  general 
interests  of  the  country  were  in  jeopardy.  The  twelve  years 
truce  which  had  been  concluded  with  Spain  was  near  its  termina- 
tion, and  hostilities  might  be  expected  to  ensue.  Trade  was 
embarrassed  too,  from  the  multitude  of  pirates ;  they  swarmed  on 
every  sea,  and  were  so  vigilant  and  active  that  it  was  by  no  means 
easy  to  escape  their  grasp.  Hence,  a  concentration  of  mercantile 


*  O'Callaghan,  p  84.    It  is  stated   that.Argall,  with  a  number  "of  planters, 
were  preparing  to  settle  on  the  Hudson  at  this  time. — Mason's  Letter. 


THE    DUTCH    CLAIM.  45 

energy  and  wealth  was  proposed,  as  a  means  of  aiding  the  country 
and  defending  commerce,  and  also  of  extending  colonial  interests. 

The  plan  being  finally  matured,  a  charter  was  granted  by  their 
High  Mightinesses,  the  States  General,  on  the  third  of  June,  1621; 
the  new  body  taking  the  name  and  title  of  "  The  West  India  Com- 
pany." This  association  may  properly  be  considered  as  a 
national  body,  the  objects  contemplated  in  its  formation  not  being 
such  as  related  exclusively  to  any  local  or  corporate  interest;  to 
contribute  aid  and  support  to  the  republic  was  an  important,  if  not 
a  principal  part  of  the  design.  Hence,  beside  -  the  grant  of  an 
ample  charter,  the  States  General  became  bound  to  the  support 
of  the  company,  engaging  to  maintain  and  strengthen  it  "  with  all 
our  help,  favor  and  assistance,  as  far  as  the  present  state  and 
condition  of  this  country  will  admit."  The  States  also  became 
parties  by  direct  participation,  entering  the  company  as  members, 
and  in  like  manner  as  other  members,  advancing  a  portion  of 
funds,  and  sharing  in  the  profit  and  loss. 

The  charter  of  the  company  provided,  that  for  a  period  of 
twenty-four  years,  no  natives  or  inhabitants  of  these  countries, 
unless  in  the  name  or  by  permission  of  this  United  Company 
of  these  United  Netherlands  should  sail  or  traffic  to,  or  on  the 
coast  and  countries  of  Africa,  from  the  Tropic  of  Cancer  to  the 
Cape  of  Good  Hope ;  nor  in  the  countries  of  America,  or  the 
West  Indies,  beginning  at  the  south  end  of  Terra  Nova  by  the 
Streights  of  Magellan  la  Maire,  or  any  other  streights  or  passages 
thereabouts,  to  the  streights  of  Anian,  as  well  on  the  North  Sea 
as  the  South  Sea,  nor  on  any  islands  situate  on  the  one  side  or 
the  other,  or  between  both;  nor  in  the  western  or  southern 
countries  between  both  the  meridians,  from  the  Cape  of  Good 
Hope,  in  the  east,  to  the  end  of  New  Guinea,  in  the  west  inclu- 
sive ;  and  whoever  should  presume  to  sail  or  traffic  in  any  of  these 
places,  within  the  aforesaid  limits  granted  to  this  company,  should 
forfeit  the  ships  and  goods  there  found  for  sale,  which  being 
actually  seized  by  the  company,  should  be  kept  for  their  own 
benefit. 

The  company  were  authorized  in  their  operations  in  distant 
countries,  to  enter  into  contracts  and  alliances  with  the  princes 
and  natives  of  the  land,  and  they  were  obligated  to  advance  the 


46  THE    DUTCH    CLADT. 

settlement  of  their  possessions,  encourage^  population,  and  do  every 
thing  that  might  promote  the  interest  of  those  fertile  countries  and 
the  increase  of  trade.  They  were  a'ls.o  empowered  for  the  pur- 
pose of  protecting  their  trade  and  possessions,  to  erect  and  garrison 
forts  and  fortifications.  They  might  distribute  justice,  preserve 
order,  maintain  police,  and  administer  the  general,  civil,  and 
military  government  of  their  transmarine  affairs.  They  might 
appoint  a  governor  in  chief,  or  director  general,  commanders,  and 
all  officers,  civil,  military,  judicial,  and  executive,  who  should  take 
an  oath  of  allegiance  to  the  States,  as  well  as  to  the  company. 
But  having  chosen  a  Governor  in -Chief,. .and  prepared  his  instruc- 
tions, he  was  to  be  commissioned,  and  his  instructions  approved 
by  the  States.  '••.;  ,_' 

The  company  were  empowered  to  negotiate  in  peace,  or  war, 
though  in  case  of  war,  the  approval  of  the  States  must  be  given. 
When  engaged .  in  actual  hostilities,  the  States  were  to  give  assis- 
tance with  sixteen  ships  of  war,  and  four  yatchs,  to  be  supported 
at  the  expense  of  the  company,  and  to  be  commanded  by  an 
officer  appointed  by  the  joint  consent  of  the  company  and  the 
States.  But  the  company  were  required  to  furnish  unconditionally 
sixteen  ships,  and  fourteen  yatchs,  which  were  designed  "for 
the  defence  of  trade  and  all  exploits  of  war."  The  States  Gene- 
ral contributed  one  million  of  guilders  to  the  funds.22 

The  government  of  the  West  India  Company  itself,  was  vested 
in  a  number  of  Directors,  who  were  distributed  into  several 
separate  Chambers  or  Departments  ;  the  Chamber  of  Amster- 
dam being  the  principal  one.  Each  one  of  these  held  under  its 
control  a  certain  proportion  of  the  stock  or  funds,  and  operated 
within  a  particular  sphere.  A  central  body  consisting  of  nineteen 
members  was  intrusted  with  the  superintendance  of  all  the  general 
interests  and  movements  of  the  company. 

Considered  as  a  means  of  strengthening  the  government,  and  of 
protecting  and  advancing  commerce,  the  charter  of  the  West  India 
Company  may  have  been  properly  devised.  But  nothing  could 
be  more  defective  as  an  instrument  for  the  promotion  of  colonial 


33  Hazard's  Collections — Moulton's  New  York. 


THE    DUTCH    CLAIM.  ,.'  ">v     -if,  47 

interests.  It  gave  no  security  whatever  to  settlers.  The  whole 
authority  of  government  wjis  e.ntrusted  to  "the  "company  without 
any  restrictions ;  and  the  government  of  mercantile  companies  is 
seldom  either  liberal  in  character,  or  liberally  administered. 
Suc.li  companies  are, apt  to  consider  political  authority,  merely  as 
an  instrument  of  securing  pecuniary'  benefit,  and  no  greater  con- 
cessions will  be  made  to  •  the  governed,  than  may  seem  to  be 
entirely  consistent  with  the  principal  object  in  view. 

The  West  India  Association  did  not  immediately  commence 
operations  under  their  charter,  but  during  the  interval,  increasing 
activity  began  to  be  manifested,  arid  a  report  was  spread  that 
preparations  were  making  for  sending  a  number  of  vessels  to 
New  Netherland.  These  circumstances  .excited  the  jealousy  of 
the  New  England  Company  anew-.  In  December,  1621,  the  Earl  of 
Arundel,  Sir  Ferdinando  Gorges,  and  others  of  that  body,  pre- 
pared a  remonstrance  which  they  presented  to  the  King,  (James  I.) 
complaining  of  the  proceedings  of  the  Dutch.  In  consequence, 
-his  majesty  ordered,  that  Sir  Dudley  Carleton,  his  Embassador 
in  Holland,  should  be  instructed  to  make  a  proper  representation 
to  the  States  General,  upon  the  subject.  The  Privy  Council 
gave  him  instructions  accordingly..  They  stated  that  his  majesty's 
royal  predecessors  had,  many  years  since,  taken  possession  of  the 
whole  precinct,  and  inhabited  some  parts  of  the  North  of  Virginia, 
now  called  New  England,  all  of  which  countries- his  present  majes- 
ty, had  in  like  manner  granted  unto  .particular  persons ;  neverthe- 
less, that  the  Hollanders  had  entered  upon  some  parts  thereof,  and 
left  a  colony,  and.  had  given  new  names  to  several  ports  and  places, 
and  that  they  were  now  in  readiness  to  send  several  ships  there ; 
whereof  his  majesty  being  advised,  he  had  given  his  royal  com- 
mand that  the  Embassador  should  represent  these  things  unto  the 
States  General  in  his  majesty's  name,  he,jureprim3e  occupationis, 
having  a  good  and  sufficient  title  to  those  parts,  and  that  those 
ships  should  not  be  allowed  to  proceed,  er  any 'further  attempts 
be  made  for  the  settlement  of  colonies; 

In  obedience  to  ordei's,  the  Embassador. demanded  an  audience 
of  the  States  General,- and  presented  a  memorial -upon  the  subject. 
The  Dutch  Government  .professed  not  to  be  in  possession  of  the 


48  THE    DUTCH   CLAIM. 

farts  of  the  case,  and  upon  being  again  applied  to,  a  direction  was 
givfcn,  that  application  should  be  made. for  information  to  those 
who  were  concerned  in  the  trade  to  New  Netherlands3 . 

Finally,  as  it  is  stated  by  most  authorities,  the  Dutch  Embas- 
sador  in  England,  disavowed  on '  the  part  of  his  government,  all 
concern  in  the  acts  that  had  been  complained  of.24 


23  O'Callaghari,  p.  97. 

24  See  Captain  Mason's  letter  relative  to  the  Dutch  in  New  Netherland,  dated 
April  2d,  1032. 


CHAPTER  IV. 


NEW  NETHERLAND. 


ONE  of  the  first  attempts  of  the  West  India  Company,  was 
designed  to  give  aid  and  support  to  the  settlement  in  New  Nether- 
land.  The  territory  was  formally  erected  into  a  province  to  be 
known  and  distinguished  by  certain  armorial  insignia.1  The 
management  of  its  affairs  was  assigned  to  the  Chamber  of  Am- 
sterdam, this  department  having  the  direction  of  four-ninth  parts 
of  the  whole  stock  of  the  company.2  In  the  year  1623  an  expe- 
dition was  sent  out  under  the  direction  of  Cornelis  Jacobson  Mey, 
and  Adriaen  Jorisz;  they  were  accompanied  by  a  number  of 
settlers,  and  were  provided  with  articles  for  trade  with  the  natives. 
Mey,  the  principal  in  command,  had  visited  the  country  before ; 
he  now  touched  at  the  post  upon  the  Island  of  Manhattan,  but 
soon  afterwards  proceeded  onward  to  the  South,  or  Delaware 
River,  where  he  designed  to  establish  a  settlement.  He  ascended 
the  stream  for  several  leagues,  and  selected  a  spot  on  the  eastern 
bank,  at  a  place  called  Techaacho,  by  the  natives.  It  was  near 
the  mouth  of  the  Sassackon,  the  most  northerly  branch  of  a 
stream,  which  afterwards  came  to  be  known  by  the  names  of 
Gloucester  River,  and  Timber  Creek.3  A  work  was  erected  here, 
which  received  the  name  of  Fort  Nassau,  and  the  erection  of  this 
fort  was  the  primary  effort  of  civilized  man  upon  the  shores  of  the 
Delaware,  with  any  view  to  actual  occupation.4 


1  O'Callaghan,  p.  99. 

3  Agreement  between  the  managers  and  principal  adventurers  of  the  West 
India  Company. 

3  Mickle's  Reminiscences,  p.  3. 

4  About  the  year  1616.  Capt.  Hendrickson  had  sailed  up  the  Delaware  as  far  as 
to  the  mouth  of  the  Schuylkill,  but  no  attempt  was  made  to  effect  a  settlement  by 
him  or  by  any  others,  prior  to  the  present  visit  of  Mey. 


50  NEW    NETHERLAND. 

The  prosecution  of  trade  with  the  natives  was  the  immediate  aim 
of  the  present  undertaking,  and  for  this  purpose  a  body  of  men 
remained  at  the  post;  but  history  is  almost  silent  as  to  their  further 
proceedings,  and  also  as  to  the  subsequent  movements  of  the 
Commander,  Mey.  In  a  sort  of  legendary  way,  the  information 
is  conveyed,  that  he  succeeded  in  opening  an  intercourse  with 
the  native  tribes,  and  that  the  communication  between  them  was 
such,  as  to  give  rise  to  feelings  of  confidence  and  kindness. 

Either  under  the  direction  of  Mey,  or  of  the  officers  in  the 
province  at  the  time  of  his  coming,  another  station  was  erected, 
nearly  at  this  period,  on  the  North,  or  Hudson  River. 

In  1624,  the  Amsterdam  Department  sent  out  two  ships  to  the 
colony,  amply  provided  with  stores.  A  Governor,  or  Director  in 
Chief,  was  also  appointed.  The  person  selected  for  this  office 
was  Peter  Minuet,  a  native  of  Wesel,  in  the  kingdom  of  West- 
phalia ;  and  in  one  of  the  ships  just  mentioned,  he  arrived  in  the 
province.  It  would  appear  that  the  authority  of  Corstiaensen,  the 
first  commandant  in  the  country,  had  ceased  with  the  dissolution 
of  the  company  under  which  he  had  acted,  but  Elckens,  his 
lieutenant,  had  continued  in  office  under  the  direction  of  the  West 
India  Company ;  this  latter  officer  however,  was  superseded  upon 
the  appointment  and  arrival  of  the  new  Director.  The  coming  of 
the  Governor,  and  the  accession  to  the  number  of  settlers  which 
then  occurred,  gave  an  appearance  of  stability  and  strength  to  the 
settlement.* 

In  the  government  of  the  province,  the  general  course  of  affairs 
was  carried  on  in  accordance  with  instructions  given  to  the  officers 
by  the  Amsterdam  Department.  The  Governor,  with  the  other 
officers,  forming  a  council,  constituted  the  executive  and  legislative 


*  There  arrived  wiib  Director  Minuet,  a  number  of  persons  known  by  the  name 
of  Walloons.  They  were  natives  of  the  country  which  formed  the  frontier 
between  Belgium  and  France,  and  had  formerly  applied  to  Sir  Dudley  Carleton, 
the  English  Embassador  at  the  Hague,  for  leave  to  settle  in  Virginia.  The  ap- 
plication was  referred  to  the  Virginia  Company,  but  the  conditions  that  were 
offered  by  this  company  not  being  approved,  the  attention  of  the  applicants  was 
turned  to  New  Netherland.  Of  those  who  came  with  Director  Minuet,  a  number 
settled  on  Staten  Island,  but  afterwards  removed  to  Long  Island,  and  to  a  place 
called  the  Wahle-Botch,  since  corrupted  into  Wallaboat.  O'Callaghan,  p.  101. 


NEW    NETHERLAND.  51 

authority,  and  were  also  the  sole  judicial  tribunal.  The  duties  of 
the  Governor  were  somewhat  varied  in  character,  he  having  the 
chief  control  in  all  military,  as  well  as  civil  and  criminal  affairs,  and 
also  a  general  superintendence  in  matters  of  trade.  But  his  military 
duties  could  hardly  have  been  onerous;  the  garrison  at  the  dif- 
ferent forts  consisted  of  scarcely  more  than  a  sergeant  and  his 
guard,  and  even  these  had  but  little  exercise  in  their  proper  voca- 
tion. The  colony  was  secured  from  danger  by  the  alliance  which 
had  formerly  been  concluded  with  the  native  tribes,  and  which 
yet  continued  to  be  faithfully  observed.  Nor  was  the  business  of 
a  civil  nature  of  much  extent.  There  was  no  extensive  range  of 
aims  or  employments,  and  of  consequence,  but  few  occasions 
occurred  requiring  an  exercise  of  formal  authority.  The  action 
of  government  was  nearly  limited  to  a  single  object,  the  prosecu- 
tion and  management  of  trade. 

The  other  officers  of  the  province  were  those  who  had  the  im- 
mediate direction  of  mercantile  affairs.  The  first  of  these,  next 
to  the  Governor,  was  the  Opper  Koopman  or  Upper  Merchant.6 
He  performed  the  duties  of  principal  Commissary,  and  also  of 
Book-Keeper  or  Clerk,  and  the  first  individual  invested  with  these 
offices  was  Isaac  de  Rasier,  a  person  who  is  represented  as  having 
been  active  and  faithful  in  office,  and  who  was  also  commended 
for  his  "fair  and  genteel  behaviour."7 

The  administration  of  Governor  Minuet  was  highly  successful, 
at  least  for  a  time,  A  title  for  lands  was  acquired  from  the  natives, 
by  treaty  or  purchase.  The  Island  of  Manhattan,  which  before 
had  been  held  through  favor,  was  obtained  by  purchase  for  the 
sum  of  sixty  guilders.8  The  works  at  this  place  were  extended, 
the  fort  was  greatly  enlarged,  and  its  former  name  was  confirmed. 
Here  was  the  capital  of  New  Netherland. 

The  trade  of  the  province  was  also  prosperous.  The  articles 
exported  from  the  colony,  even  in  the  first  year,  exceeded  in 
value  the  amount  of  the  imports,  and  in  four  years  the  trade  had 
increased  one-half,  and  the  revenue  derived  from  the  country  was 
greater  than  the  expenditure,  fully  one-third. 


Moulton's  New  York.  T  Bradford's  Correspondence. 

«  Twenty-four  dollars. 


52  NEW    NETHERLAND. 

Only  a  single  occurrence  of  an  adverse  or  disturbing  character 
took  place  at  this  period.  Upon  the  passage  of  some  ships  to  the 
colony,  one  of  them  touched  at  Plymouth,  in  England,  and  was 
there  detained.  Her  captain  was  ordered  to  London  to  appear 
before  the  Lords  of  the  Privy  Council,  inasmuch  as  the  place  in 
America  for  which  he  was  bound,  was  claimed  to  be  comprehended 
in  the  grant  made  by  his  Britannic  Majesty  to  divers  of  his 
subjects. 

This  arrest  was  of  far  less  consequence  from  its  immediate 
effects,  than  from  the  disposition  it  manifested  on  the  part  of  the 
English,  to  maintain  their  claims  to  the  country  of  New  Nether- 
land.  But  no  farther  demonstration  was  made  at  the  time. 

At  an  early  period,  a  new  channel  of  trade  was  opened  by 
Director  Minuet,  by  the  establishment  of  an  intercourse  with  the 
English  colony  at  Plymouth.  These  settlers  were  the  same  that 
have  already  been  mentioned  as  having  passed  over  from  Holland, 
and  became  established  at  Plymouth,  under  a  charter  which  had 
been  finally  obtained  from  the  great  New  England  Company. 

The  English  and  the  Dutch  had  remained  in  the  country  with 
scarcely  more  knowledge  of  each  other  than  they  had  been  able 
to  acquire  from  the  natives,  who  were  in  intercourse  with  both. 
A  more  direct  communication  was  now  attempted  by  the  people 
of  New  Netherland.  Letters  were  sent  to  the  Governor  of  New 
Plymouth,  written  by  Isaac  de  Easier,  from  Manhattas,  in  Fort 
Amsterdam.9  The  writer,  on  behalf  of  the  authorities  of  the 
province,  congratulated  the  English  colonists  on  account  of  their 
settlement  in  the  country,  and  their  prosperous  condition,  made  a 
proposal  for  the  maintainance  of  friendly  intercourse,  and  an  offer 
to  engage  to  trade. 

To  this  overture  the  English  soon  afterwards  returned  a  lengthy 
reply.  It  was  made  in  the  name  of  "the  Governor  and  Council 
of  Plymouth,  in  New  England,"  and  was  expressed  in  terms 
sufficiently  courteous.  They  professed  a  desire  to  live  in  amity, 
and  a  willingness  to  engage  in  traffic,  but  they  took  occasion 
to  intimate,  and  that  with  some  plainness,  that  they  did  not 


9  Dated  March  12th,  1627,  N.  S. 


NKW    NETHERLAND. 


consider  the  claim  of  their  neighbors  to  the  country  of  New 
Netherland,  to  be  entirely  valid  and  sound.10  They  also  re- 
quired that  the  Dutch  should  refrain  from  trading  with  the  natives, 


10  The  answer  of  Governor  Bradford  and  his  Council.  Dated  March  19th,  1627. 
"  To  the  Honorable  and  Worshipful,  the  Director  and  Council  of  New  Netherland. 
our  very  loving  friends  and  neighbours. 

"  The  Governor  and  Council  of  Plymouth,  in  New  England,  wish  your  Honours 
and  Worships  all  happiness  and  prosperity  in  this  life,  and  eternal  rest  and  glory 
with  Christ  Jesus  our  Lord,  in  the  world  to  come. 

"We  have  received  your  letters,  wherein  appeareth  your  good  will  and  friend- 
ship towards  us,  but  is  expressed  with  over  high  titles,  and  more  than  belongs  to 
us,  or  than  is  meet  for  us  to  receive ;  but  for  your  good  will  and  congratulation 
of  our  prosperity  in  this  small  beginning  of  our  poor  colony,  we  are  much  bound 
unto  you,  and  with  many  thanks  do  acknowledge  the  same,  taking  it  both  for  a 
great  honor  done  unto  us,  and  for  a  certain  testimony  of  your  love  and  good 
neighbourhood.  Now  these  are  further  to  give  your  Honours,  Worships  and 
Wisdoms  to  understand,  that  it  is  to  us  no  small  joy  to  hear  that  it  hath  pleased 
God  to  move  his  majesty's  heart,  not  only  to  confirm  that  ancient  amity,  alliance, 
and  friendship,  and  other  contracts  formerly  made  and  ratified  by  his  predecessors 
of  famous  memory,  but  hath  himself  (as  you  say)  and  we  likewise  have  been  in- 
formed, strengthened  the  same  with  a  new  union,  the  better  to  resist  the  pride  of 
that  common  enemy,  the  Spaniards,  from  whose  cruelty  the  Lord  keep  us  both, 
and  our  native  countries.  Now  for  us,  this  is  sufficient  to  unite  us  together  in 
love  and  good  neighbourhood  in  all  our  dealings,  yet  many  of  us  are  tied  by  the 
good  and  courteous  entreaty  which  we  have  found  in  your  country,  having  lived 
there  many  years,  with  freedom  and  good  content,  as  many  of  our  friends  do  to 
this  day,  for  which  we  are  bound  to  be  thankful,  and  our  children  after  us,  and 
shall  never  forget  the  same,  but  shall  heartily  desire  your  good  and  prosperity  as 
our  own,  forever.  Likewise,  for  your  friendly  proposition  and  offer  to  accom- 
modate and  help  us  with  any  commodities  or  merchandize  which  you  have,  and 
we  want,  either  for  beaver,  otter,  or  other  wares,  it  is  very  acceptable  to  us,  and 
we  do  not  doubt  but  in  a  short  time,  we  may  have  profitable  trade  and  commerce 
together.  But  you  will  please  to  understand  that  we  are  but  one  particular  colony 
or  plantation  in  this  land,  there  being  divers  others  besides  unto  whom  it  hath 
pleased  those  Honorable  Lords  of  his  Majesty's  Council  for  New  England,  to 
grant  the  like  commission  and  ample  privileges  to  them  (as  to  us)  for  their  better 
profit  and  subsistence,  namely,  to  expidse  or  make  prize  of  any,  either  strangers 
or  other  English,  which  shall  attempt  either  to  trade  or  plant  within  their  limits 
(without  their  special  license  and  commission)  which  extends  to  forty  degrees. 
Yet  for  our  parts  we  shall  not  go  about  to  molest  or  trouble  you  in  any  thing,  but 
continue  all  good  neighbourhood  and  correspondence  as  far  as  we  may;  only  we 
desire  that  you  would  forbear  to  trade  with  the  natives  in  this  Bay  and  River  of 
Naraganselt,  and  Sowames,  which  is,  as  it  were,  at  our  doors  The  which  if  you 
do  [if  you  do  this  forbear]  we  think,  also,  no  other  English  will  go  about  any  way 
to  trouble  or  hinder  you  which  otherwise  are  resolved  to  solicit  his  majesty  for 
redress,  if  otherwise  they  cannot  help  thrmselves." 


54  NEW    NETHERLAXD. 

within  certain  specified  bounds.  The  Dutch  made  a  firm  though 
moderate  reply;  they  insisted  upon  their  rights  to  the  country,  and 
to  perfect  freedom  of  trade  therein,  and  declared  that  they  would 
maintain  their  claim. 

Some  time  afterwards,  De  Easier,  the  principal  Merchant  and 
Clerk,  was  sent  from  the  New  Netherlands  to  the  English  settle- 
ment, for  the  purpose  of  securing  a  better  understanding,  and 
concluding  a  more  perfect  agreement.  He  was  honorably  received 
and  entertained  at  Plymouth,  and  a  letter  was  written  acknowledg- 
ing his  visit,  and  expressing  satisfaction  with  his  course  and 
demeanour.  This  letter  was  similar  in  its  general  tenor  to  the 
former  communication  sent  by  the  English;  they  repeated  the 
same  friendly  expressions,  but  also  adverted  again  to  the  subject 
of  title.  "We  desire,"  they  say  to  the  Dutch,  "that  ye  would 
take  into  your  wise  and  honorable  considerations  that  which  we 
conceive  may  be  a  means  of  much  future  evil,  if  not  prevented, 
namely,  that  you  clear  the  title  of  your  planting  in  these  parts, 
which  his  majesty  hath  by  patent  granted  to  divers  of  his  nobles 
and  subjects  of  quality;  lest  it  be  a  bone  of  division  in  these  stir- 
ring evil  times,  which  God  forbid.  We  persuade  ourselves  that 
now  may  be  easily  and  seasonably  done,  which  will  be  harder 
and  with  more  diificulty  obtained  hereafter,  and  perhaps  not  with- 
out blows." 

This  correspondence  exhibits  fully  the  relative  position  and 
claims  of  the  English  and  the  Dutch ;  both  insisted  upon  a  right  to 
the  same  portion  of  country,  and  to  freedom  of  trade  therein.  Such 
a  condition  of  things  distinctly  foreshowed  a  collision  in  future, 
though  for  the  present,  peace  was  preserved.  By  a  sort  of  tacit 
agreement,  the  discussion  of  the  respective  rights  of  the  parties, 
was  dropped  for  the  time,  they  deeming  the  determination  of  the 
matter  in  question,  to  be  of  less  importance  to  their  present  pros- 
perity, than  the  maintenance  of  peace,  and  harmonious  intercourse. 

It  was  a  part  of  the  business  of  the  West  India  Company  to 
advance  the  settlement  and  population  of  the  countries  which  they 
should  come  to  possess.  But  nothing  of  consequence  had  yet  been 
done  in  New  Netherland  for  the  attainment  of  such  a  purpose.  The 
spirit  of  trade  and  commerce  had  directed  the  operations  of  the 
company,  and  little  had  been  attempted  that  did  not  promise  to  give 


NEW    NETHERLAM).  55 

a  return  in  actual  profit.  No  efforts  had  been  made  for  the  pur- 
pose of  extending  the  sphere  of  enjoyment  or  action.  Lands  had 
not  been  granted  to  settlers,  or  any  encouragement  given  to  in- 
dividual effort.  Most  of  the  colonists  were  engaged  in  the  ser- 
vice, and  were  under  the  entire  control  of  the  company.  The 
country  was  still  a  wilderness. 

These  considerations  had  been  brought  at  different  times  to  the 
notice  and  attention  of  the  company,  and  it  was  finally  resolved 
that  measures  should  be  adopted  for  the  planting  of  colonies.  In 
pursuance  of  this  purpose,  a  system  of  operations  was  projected 
embracing  provisions  for  peopling  and  planting  the  lands  within  the 
New  Netherlands,  and  securing  the  liberties  and  privileges  of 
settlers. 

The  Assembly  of  Nineteen  granted  an  instrument  prescribing 
and  explaining  the  particular  course  of  proceeding.  This  instru- 
ment was  termed  "A  Charter  of  Liberties  and  Exemptions  for 
Patroons,  Masters,  and  private  individuals,  who  should  plant 
colonies  in  New  Netherlands,  or  import  thither  any  neat  cattle.11 
It  provided  that  members  of  the  company  inclined  to  settle  any 
colony,  might  send  out  persons  in  the  ships  of  the  company,  to 
inspect  the  state  of  the  province,  and  to  select  lands  or  settlements 
upon  compliance  with  certain  prescribed  conditions  and  terms. 
Members  first  applying  were  to  be  preferred.  All  persons  were 
to  be  acknowledged  Patroons  of  New  Netherland,  who  should, 
within  four  years  after  giving  notice  to  any  of  the  Chambers,  or 
to  the  Governor  and  Council  in  the  province,  undertake  to  settle 
a  colony  of  fifty  souls,  upwards  of  fifteen  years  old.  From  the 
time  any  persons  should  make  known  the  situation  of  places 
chosen,  they  should  be  allowed  a  title,  in  preference  to  all  others, 
but  afterwards  might  make  a  different  selection,  by  consent  of 
the  Governor  and  Council. 

The  Patroons  might  take  up  for  each  settlement,  an  extent  of 
four  miles  (sixteen  English  miles)  along  a  shore,  or  half  that 
distance  on  each  side  of  a  river,  and  extending  inland  as  far  as 
they  might  need,  and  they  might  enlarge  their  limits  upon  engag- 
ing to  settle  a  proportionate  number  of  colonists. 

11  Given  on  the  7th  of  June,  in  the  year  1629. 


56  NEW    NETHERLAND. 

They  should  forever  possess  and  enjoy  all  the  lands  within 
their  limits,  which  were  to  be  holden  from  the  company  as  an 
"eternal  inheritage." 

They  were  to  furnish  the  persons  sent  over  to  settle,  with 
suitable  instructions,  in  order  that  they  might  be  ruled  and 
governed  conformably  to  the  rules  of  government  established  in 
the  province. 

The  colonists  were  to  be  free  from  customs,  taxes,  excise  im- 
posts, or  other  contributions,  for  the  space  of  ten  years,  and  then 
no  higher  custom  to  be  charged  by  the  company  than  was  paid 
at  home. 

The  company  engaged  not  to  take  or  receive  from  the  service 
of  the  Patroons,  any  of  the  colonists ;  "  either  man  or  woman,  son 
or  daughter,  man  servant  or  maid  servant;"  unless  on  consent 
obtained ;  but  on  the  contrary,  every  thing  should  be  done  to  ap- 
prehend and  deliver  fugitives  into  the  hands  of  their  Patroon,  or 
his  agent. 

Private  individuals  (not  enjoying  the  same  privileges  as  the 
Patroons)  who  should  be  minded  to  go  and  settle,  should  with 
the  approbation  of  the  Director  and  Council,  of  the  province,  be 
at  liberty  to  take  up  as  much  land,  and  take  possession  thereof,  as 
they  should  have  ability  properly  to  improve. 

The  colonists  might  navigate  and  trade  along  the  whole  coast, 
from  Florida  to  Newfoundland,  provided  they  brought  their  mer- 
chandize to  the  Manhattans,  and  paid  a  duty  of  five  per  cent,  to 
the  company. 

The  company  engaged  to  take  all  the  colonists,  as  well  free  as 
those  that  were  in  service,  under  their  protection,  and  to  defend 
them  against  all  "outlandish  and  inlandish  wars  and  powers." 

The  Patroons  and  colonists  were  required,  in  particular,  and  in 
the  speediest  manner,  to  endeavour  to  find  out  ways  and  means 
whereby  they  might  support  a  minister  and  schoolmaster,  that 
thus  the  service  of  God  and  zeal  for  religion  might  not  grow  cool 
and  be  neglected  among  them,  and  they  were  also  required,  "for 
the  first  to  procure  a  comforter  of  the  sick  there." 

The  colonists  were  forbidden  to  make  any  woollen,  linen,  or 
cotton  cloth,  or  to  weave  any  other  stuffs  there,  on  pain  of  being 
banished,  and  as  perjurers,  to  be  arbitrarily  punished. 


NEW    NETHERLAND.  57 

The  company  engaged  to  use  their  endeavours  to  supply  the 
colonists  with  as  many  blacks  as  they  conveniently  could,  on 
conditions  to  be  afterwards  made. 

This  charter  formed  the  principal  basis  upon  which  the  civil 
institutions  of  New  Netherland  came  to  be  placed.  It  exhibits  a 
singular  mixture  of  principles  and  views ;  some  of  its  provisions 
were  liberal,  whilst  others  were  extremely  rigid.  Neither  the 
interests  of  the  company  or  those  of  the  settlers  were  fully  secured. 
The  concessions  that  were  made  by  the  company  fell  short  of 
their  object,  turning  in  a  great  degree  to  the  special  benefit  of  cer- 
tain individuals.  The  principal  directors  of  the  plan  were  ready 
to  seize  for  themselves  .the  advantages  offered ;  in  the  character  of 
Patroons,  they  secured  acquisitions  in  the  province  which  almost 
gave  them  a  monopoly  in  land,  and  thus  they  were  able  to  retain, 
in  their  own  hands,  some  of  the  most  important  privileges  yielded 
in  the  charter.  To  the  mass  of  actual  settlers  nothing  whatever  was 
given.  The  charter  contemplated  or  allowed,  the  establishment  of 
a  kind  of  feudal  or  manorial  rule,  by  which  the  colonists  would 
be  held  in  a  state  of  complete  dependence.  No  provision  was 
made  for  the  division  of  lands,  either  present  or  prospective. 
The  people  to  be  sent  by  the  Patroons,  were  regarded,  and  were 
to  be  controlled  by  the  owners  of  the  soil,  as  a  servile  class. 
They  were  to  become  American  serfs.  No  plan  cpuld  have  been 
devised,  less  calculated  either  to  benefit  adventurers,  or  to  promote 
the  interests  of  the  province,  and  by  this  mistaken  policy,  the 
foundation  was  laid  for  social  and  civil  distinctions,  which  have 
not  been  fully  effaced  to  the  present  hour,  and  which  have  always 
continued  to  act  as  a  cause  of  irritation,  and  a  bar  to  general  im- 
provement. 

By  a  wiser  provision,  the  charter  gave  liberty  to  private  adven- 
turers, to  make  a  selection  of  lands,  and  to  enjoy  the  same  by 
personal  right.  Yet  these  individuals  were  subjected  to  many 
disadvantages  when  acting  by  the  side  of  the  great  proprietors, 
who,  from  their  special  privileges,  were  enabled  to  exert  a  con- 
trolling influence. 

By  the  strict  prohibition  of  manufacturing  employments,  the 
settlers  under  the  charter  were  reduced  to  actual  subjection. 
Articles  of  indispensable  necessity  must  be  taken  from  the  com- 
8 


58  NEW    NBTHERLAND. 

pany,  or  if  elsewhere  procured,  must  be  brought  in  a  certain 
channel,  and  duty  be  paid  upon  them  "  for  recognition,"  to  the 
company. 

The  engagement  to  supply  the  colonists  with  "blacks,"  may 
have  proceeded  from  a  willingness  to  benefit  the  settlers,  or  from 
a  desire  to  engage  in  a  profitable  trade.  But  whatever  may  have 
been  the  motive,  no  other  effect  could  be  produced,  than  to  place 
an  element  of  evil  at  the  very  basis  of  the  social  structure. 

The  full  protection  given  to  settlers,  the  exemption  from  taxes, 
and  the  regulations  in  relation  to  literary  and  religious  instruc- 
tion, were  provisions  liberal  in  spirit,  and  proper  in  their  ulti- 
mate object. 

The  Chamber  of  Amsterdam  having  had  the  control  of  affairs 
in  New  Netherland,  the  directors  of  that  body  became  the  earliest 
actors  under  the  Charter  of  Liberties  and  Exemptions.  This 
charter  had  not  yet  received  the  sanction  of  the  Assembly  of 
Nineteen,  or  of  the  States  General,  when  these  persons  entered 
upon  measures  to  secure  a  share  of  the  proposed  advantages.  In 
the  ships  that  were  sent  to  the  province,  were  persons  having 
authority  to  treat  with  the  natives  for  land,  and  upon  their  arrival 
in  the  country,  these  agents  visited  an  Indian  village  on  the  south- 
west corner  of  Delaware  Bay,  and  purchased  a  tract  of  land  from 
three  resident  chiefs  of  that  vicinity.  This  tract  extended  from 
Cape  Hindlopen,  thirty -two  miles  in  length,  and  was  two  miles  in 
breadth;  it  was  taken  in  the  name  and  on  behalf  of  Samuel  Godyn, 
and  Samuel  Bloemmaert.12  The  next  year  another  tract  was 
purchased  for  the  same  individuals,  on  the  opposite  side  of  the 
Bay,  at  Cape  Mey ;  this  purchase  was  made  from  nine  resident 
chiefs,  and  was  sixteen  miles  in  length  and  the  same  in  breadth, 
making  a  square  of  sixty-four  miles.13  Other  portions  of  lands 
were  acquired  in  different  parts  of  the  province  in  a  similar  man- 


M  This  purchase  was  made  some  days  before  the  final  ratification  of  the  charter 
of  Liberties  and  Exemptions. 

13  This  tract  was  purchased  by  Peter  Heyser,  Skipper  of  the  ship  Whale,  and 
Giles  Coster,  Commissary.  It  was  probably  the  first  purchase  from  the  natives 
within  the  limits  of  New  Jersey,  at  least,  it  is  the  first  upon  record.  It  was  made 
on  the  5th  of  May,  1630. 


NEW    NETHERLAND.  59 

ner.  Staten  Island  was  taken  up  for  the  Director  Pauuw,  and  a 
large  extent  in  the  vicinity  of  Fort  Orange,  was  acquired  for  De 
Heer  Kiliaen  Renselaer.  The  territory  of  Godyn  and  Bloem- 
maert,  on  the  western  side  of  Delaware  Bay,  was  called  Zwanen- 
dal,  that  of  Pauuw,  Pavonia,  and  Renselaer  named  his  Rensalaer- 
wyck.  In  most  of  these  instances,  the  tracts  exceeded  in  extent 
the  limits  allowed  in  the  charter,  yet  they  were  afterwards  con- 
firmed to  the  purchasers,  by  the  Governor  and  Council  of  the 
province.  The  clause  providing  for  an  extension  of  limits  in 
certain  cases,  may  have  been  resorted  to,  and  have  been  con- 
sidered sufficient  to  warrant  the  confirmation. 

A  course  of  proceeding  was  soon  devised  for  the  purpose  of 
establishing  colonies  upon  the  lands  that  had  thus  been  obtained. 
The  first  attempt  was  made  by  a  company  of  several  of  the  large 
proprietors,  who  were  willing,  by  such  an  union,  to  concentrate 
their  means,  and  to  promote  the  interests  that  were  common  to  all. 
On  the  16th  of  October,  1630,  they  entered  into  an  agreement,  in  a 
formal  manner,  in  an  article  of  association  and  contract.  Their  pur- 
pose was  to  establish  a  colony  at  the  South  or  Delaware  River,  and 
they  offered  the  direction  of  the  enterprize  to  David  Pieterszen 
De  Vries,  an  experienced  commander.  He  was  willing  to  engage 
therein  upon  certain  conditions,  which  were  acceded  to,  and  an 
expedition  was  at  once  fitted  out.14  De  Vries  departed  from  the 
Texel  on  the  12th  of  December,  1630,  and  arrived  safely  at  the 
place  of  destination.  A  company  of  emigrants,  thirty-four  in 
number,  were  landed,  with  their  implements  of  husbandry,  on  the 
western  shore  of  Delaware  Bay,  near  to  the  entrance  of  a  stream 
called  the  Hoar-Kill.  It  was  within  the  territory  of  Zwanendal, 
belonging  to  Godyn  and  Bloemmaert.  After  such  arrangements 
had  been  completed  as  he  supposed  to  be  necessary,  De  Vries, 


"  De  Vries's  account  is  as  follows,  "After  my  arrival  from  the  East  Indies,  I 
met  with  a  merchant  of  Amsterdam,  named  Samuel  Godyn ;  he  offered  me  a 
Commandership  in  the  New  Netherland.  They  had  a  mind  to  form  a  colony  there, 
and  they  would  employ  me  as  Second  Patroon,  as  was  granted  by  the  States,  and 
by  the  West  India  Company's  Charter.  1  answered  him  that  I  was  willing  to 
accept  the  offer,  upon  condition  that  I  should  be  a  Patroon,  equal  in  every  thing 
to  the  others.  This  was  agreed  to.  and  in  consequence  we  have  formed  a  Patroon- 
ship,  viz  :  Samuel  Godyn,  Killian  Van  Renselaer,  Samuel  Bloemmaert,  Jan  De 
Laet.  and  I,  David  Pieterszen  De  Vries." 


60  NEW    NETHERLAXD. 

full  of  hope  for  the  success  of  the  undertaking,  departed  for  Hol- 
land, leaving  Gillis  Hoossett  in  charge  of  the  colony,  during  his 
absence. 

Besides  the  association  with  which  De  Vries  was  connected, 
others  resembling  it  in  character  had  been  formed,  and  they  also 
engaged  in  efforts  similar  to  those  which  had  been  made  for  the 
settlement  of  Zwanendal.  On  the  9th  of  January,  1631,  com- 
plete lists  of  the  several  Patroonships  were  delivered  to  the  West 
India  Company,  and  the  grants,  with  the  proceedings  that  had 
been  taken  thereon,  Were  approved  by  the  Assembly  of  the 
Nineteen. 

But,  at  an  early  period  the  operations  of  the  Patroons  brought 
them  into  opposition  to  the  interests,  or  the  claims,  of  the  West 
India  Company.  They  considered  themselves  entitled  by  the 
charter  under  which  they  were  acting,  not  only  to  trade  upon  the 
coasts  in  the  manner  prescribed,  but.  also  to  traffic  with  the 
natives  of  the  country,  at  least  in  those  places  where  no  establish- 
ment had  been  formed  by  the  company,  when  the  charter  of 
Liberties  and  Exemptions  was  given.  This  was  strongly  resisted 
by  the  company.  It  was  also  contended  by  some,  that  an  undue 
advantage  had  been  gained  by  the  Patroons,  in  the  great  extent, 
or  the  fortunate  situation,  of  some  of  their  tracts.  The  acquisi- 
tions that  had  been  made  by  Pauuw,  and  by  Godyn  and  Bloem- 
maert,  were  particularly  objected  to.  Serious  difficulties  ensued, 
and  at  length,  the  "  whole  of  the  Exemptions  were  questioned, 
and  called  into  doubt."  The  matters  in  dispute  were  thought  of 
sufficient  importance  to  claim  the  notice  of  the  Government,  and 
the  States  General  issued  an  order,  that  a  report  should  be  made 
of  the  names  of  all  those  persons  to  whom  colonies  had  been 
granted ;  but  no  decisive  result  was  produced.  These  differences 
were  finally  allayed  by  admitting  a  number  of  the  members  of  the 
company,  into  the  associations  that  had  been  formed  by  the 
Patroons ;  a  measure  which  may  have  served  for  the  removal  of 
jealousy,  and  may  also  have  been  considered  as  giving  a  degree 
of  security  against  future  encroachments.15 


"  The  Directors  received  as  partners  with  the  Patroons,  were  Mathias  Van 
Ceulen,  Hendrick  Hatnel,  Johan  Van  Harinehkouck,  and  Nicholas  Van  Settorigh. 


NEW    NETIIERLAND.  61 

At  this  period,  and  it  may  be  in  part,  in  consequence  of  these 
occurrences,  a  change  took  place  in  the  administration  of  Govern- 
ment. Director  Minuet  had  been  in  office  for  several  years,  and 
had  managed  the  affairs  of  the  colony  with  apparent  fidelity,  and 
with  good  success.  But,  as  it  is  stated,  he  fell  at  this  time  "into 
disputes  with  the  company,"  and  the  difficulty  terminated  in  his 
displacement  and  recal.  The  precise  nature  of  the  charges  against 
him,  or  indeed,  whether  any  definite  charges  were  made,  are  mat- 
ters not  fully  determined,  but  it  may  be  supposed  that  he  was 
suspected,  at  least,  of  favoring  the  movements  and  claims  of  the 
Patroons.  Isaac  De  Easier  shared  the  fortune  of  his  superior, 
and  after  the  recal  of  these  officers,  the  government  was  adminis- 
tered, for  a  period,  by  the  Council  alone. 

The  return  of  Governor  Minuet  was  attended  by  a  circumstance 
little  in  favor  of  the  interests  of  New  Netherland.  The 'ship  in 
which  he  was  returning,  was  compelled  by  stress  of  weather,  to  put 
into  the  Port  of  Plymouth,  in  England.  She  was  immediately 
seized  at  the  suit  of  the  New  England  Company,  on  a  charge 
advanced  by  Mason,  one  of  the  company,  of  having  traded  to,  and 
obtained  a  cargo  in  countries  subject  to  his  Britannic  Majesty. 
A  petition  was  addressed  to  the  Secretary  of  State,  complaining 
of  the  Dutch,  they  having  settled,  as  it  was  said,  "as  inter- 
lopers," between  the  plantations  of  Virginia  and  New  England. 

The  arrest  above  mentioned,  led  to  a  discussion  between  the 
parties  immediately  concerned,  and  finally,  between  the  Govern- 
ments of  England  and  Holland,  in  which  the  respective  claims  of 
the  countries  to  the  territory  occupied  by  the  Dutch,  were  fully 
set  forth  and  examined.  In  the  conclusion,  a  positive  assertion 
was  made  by  the  English,  of  a  title  to  the  whole  of  New  Nether- 
land,  to  which  the  opposite  party  forbore  to  make  a  reply,  but 
they  continued  to  urge  that  their  vessel  and  people  should  not  be 
detained.  This  demand  was  at  length  acceeded  to ;  the  Lord 
High  Treasurer  of  England,  ordering  their  release,  but  still,  with 
a  condition,  "saving  and  without  any  prejudice  to  His  Majesty's 
rights."16 


O'Callaghan,  p.  137. 


62  NEW    NETHERLAND. 

In  1633,  Wouter  Van  Twiller  received  the  appointment  of 
Director  General  of  New  Netherland.17  He  had  been  a  Clerk 
in  the  employ  of  the  West  India  Company,  and  his  elevation  was 
probably  owing  to  the  influence  of  a  delative.18  A  cotemporary 
speaks  of  his  coming  into  office  "from  a  Clerkship,"  as  "an 
amusing  case."19  It  would  scarcely  seem  just  to  pronounce  an 
opinion  merely  from  his  former  pursuit,  but  there  was  nothing  in 
the  Governor's  subsequent  course  to  show  a  remarkable  fitness 
for  the  duties  of  any  exalted  place. 

The  same  number  of  officers  continued  in  the  Council  as  in  the 
time  of  the  former  administration  ;  Jan  Van  Remund  occupied  the 
place  left  vacant  by  the  removal  of  De  Rasier.  Hans  Jorissen 
Houten  was  Governor  or  Commissary  of  Fort  Orange,  and  Arent 
Corssen  of  Fort  Nassau.  Attempts  were  made  by  the  Governor 
for  the  improvement  of  the  several  settlements.  Orders  were 
issued  that  Fort  Amsterdam  should  be  rebuilt  and  strengthened,  a 
church  erected  "for  general  worship,"  and  a  mansion  raised  for 
the  Director  General  himself.  "A  large  house  with  balustrades," 
with  smaller  dwellings  for  the  people,  were  to  be  constructed  at 
Fort  Orange,  and  "one  large  house"  at  Fort  Nassau,  on  the  South 
River.  The  establishment  at  the  latter  place  had  not  been  pros- 
perous, the  garrison  had  been  greatly  reduced,  and  perhaps  at 
times  entirely  dispersed ;  yet  the  post  had  never  been  finally  aban- 
doned, and  the  Director  resolved  that  it  should  now  be  strengthened 
anew.  The  other  settlement  on  the  Delaware,  that  which  had 
been  established  in  Zwanendael,  was  not  in  the  charge  of  the 
West  India  Company,  but  was  under  the  Patroons.  At  this  time, 
it  had  been  wholly  destroyed  by  the  Indians ;  upon  the  return  of 
De  Vries,  its  founder,  all  was  totally  lost,  he  found  nothing  left  of 
the  settlement  except  the  remains  of  his  murdered  companions. 

Director  Van  Twiller  entered  upon  office  at  a  time  not  favorable 


11  It  is  asserted  by  many  writers,  that  Van  Twiller  had  been  in  the  country  be- 
fore, in  an  official  capacity,  and  that  the  removal  of  Minuet  was  owing  to  state- 
ments made  by  Van  Twiller,  upon  his  return  to  Holland.  But  no  one  circum- 
stance has  been  referred  to,  giving  evidence  of  the  agency  of  this  person,  either  in 
the  case  of  Minuet  or  in  any  occurrence  in  the  province,  prior  to  the  time  of  his 
present  appointment. 

•'  The  Patroon  Van  Renselaer.  »  De  Vries. 


NEW    NETHERLAND.  63 

for  the  enjoyment  of  ease  and  tranquility.  At  an  early  period 
after  his  arrival,  the  relations  between  the  Dutch,  and  their  neigh- 
bors, the  English,  began  to  assume  a  threatening  character.  New 
England  and  New  Netherland  were  brought  together  on  the 
borders  of  the  Connecticut  River.  The  Dutch  had  been  the  first 
to  enter  this  stream,  and  they  were  now  disposed  to  take  posses- 
sion of  the  country  upon  its  shores  ;  an  agent  was  despatched  to  pur- 
chase the  land  of  the  natives,  and  he  was  also  ordered  to  cause  a 
house  or  fort,  for  the  purposes  of  trade,  to  be  erected  thereon. 
This  was  accordingly  done,  and  the  new  post  was  named  the 
"  House  of  Good  Hope."  But  the  Director  was  presently  informed, 
by  letters  from  the  English  Governor  at  Boston,  that  the  King  of 
Great  Britain  had  granted  the  whole  of  this  country  to  sundry  of 
His  Majesty's  subjects,  and  a  warning  was  given  to  the  Dutch 
to  make  no  establishments  within  the  limits  of  the  grant. 

Van  Twiller  replied,  that  the  demand  of  the  English  "  seemed 
strange  unto  him,"  and  he  could  wish  "that  His  Majesty  of  Eng- 
land, and  the  Lords  States  General  would  agree  concerning  the 
"limits  and  parting  of  their  quarters."  He  therefore  desired  that 
the  "pretence  or  claim"  to  the  country  should  be  deferred  until 
their  respective  Governments  should  determine  concerning  the 
same.  But  the  English  were  not  inclined  to  so  careful  a  policy, 
and  a  favorable  opportunity  presented  for  an  immediate  assertion 
of  the  claim  they  had  made.  They  were  invited  by  some  Indians 
to  make  a  settlement  on  the  Connecticut,  and  a  company  of  per- 
sons from  New  Plymouth  directly  prepared  to  improve  the  occa- 
sion.20 A  vessel  was  fitted  out  in  which  they  ascended  the  river, 
and  passed  the  "  House  of  Good  Hope"  in  defiance  of  the  threats 
and  demands  of  the  occupants,  and  afterwards  effected  a  landing 
and  erected  a  house.  Director  Van  Twiller  made  an  earnest 
protest  against  this  procedure,  but  the  English  commander  only 
replied,  that  he  was  there  "  by  the  command  of  the  Governor  and 
Council  of  New  Plymouth,  and  that  he  was  determined  to  remain 
in  the  name  of  the  King  of  England,  whose  servant  he  was." 


M  The  Indians  here  mentioned,  were  of  the  Pequod  tribe,  they  had  quarrelled 
with  the  Dutch  at  the  "  House  of  Good  Hope,"  and  in  revenge,  resolved  upon 
favoring  the  English. 


64  NEW   NETHERLANDS 

The  advantage  which  was  thus  secured  by  the  English,  they  were 
watchful  to  maintain,  and  the  command  of  the  shores  of  the  Con- 
necticut, was  lost  to  the  Dutch.  An  ineffectual  attempt  was  also 
made  by  the  English,  to  establish  themselves  upon  the  Delaware. 
A  small  party,  under  the  command  of  Captain  Holmes,  proceeded 
to  the*  vicinity  of  Fort  Nassau,  but  they  were  arrested  by  the  Dutch, 
and  sent  back  as  prisoners,  to  the  authorities  at  Manhattan.21 

The  administration  of  Director  Van  Twiller  was  not  successful 
either  in  regard  to  the  outward  relations  of  the  province,  or  the 
management  of  its  internal  affairs.  Disorders  prevailed  in  the 
colony,  and  economy  was  not  the  rule  of  the  government.  Some 
of  the  officers  seemed  rather  intent  upon  enriching  themselves, 
than  promoting  the  interests  of  the  company;  and  the  Director 
himself  was  not  free  from  suspicion.22  At  length  complaints 
against  his  proceedings  were  made  to  the  West  India  Company, 
and  though  he  was  defended  by  some  of  the  members,  it  was 
finally  determined  that  a  change  should  be  made. 

In  1638  he  was  superseded  by  the  appointment  of  a  new 
Director. 

His  successor  in  office  considered  it  necessary  as  a  measure  of 
justice  to  himself,  to  have  a  statement  prepared,  setting  forth  in 
full  the  condition  of  affairs,  at  the  time  of  his  arrival.  The 
picture  presented  is  by  no  means  a  favorable  one.23 


21  O'Callaghan,  p.  170. 

53  In  the  statement-made  byKeift,the  successor  of  Van  Twiller,  it  is  distinctly 
asserted  that  the  latter  had  undertaken  different  works  on  account  of  individuals 
not  of  the  company,  and  it  is  known  that  he  had  appropriated  portions  of  lands 
for  himself.  The  suspicion  of  want  of  fidelity  is  also  strengthened  by  the  fact, 
that  after  his  retirement  from  office,  he  was  active  in  opposition  to  the  company, 
whilst  serving  as  agent  at  Renselaerwyck. 

•  »  See  this  statement  in  New  York  Historical  Collections,  vol.  1,  p.  27-1. 


CHAPTER  V. 


NEW    NETHERLAND,    NEW    ALBION,    AND    NEW    SWEDEN. 


WILLIAM  KEIFT  was  appointed  as  the  successor  of  Van  T wilier 
on  the  28th  of  March,  1638. 

The  New  Director  was  possessed  of  a  good  degree  of  activity 
and  vigor,  and  the  situation  in  which  he  was  placed  called  for  the 
exercise  of  his  best  capacities  and  powers.  In  addition  to  the  un- 
favorable condition  of  affairs  at  the  time  of  his  coming  to  the  pro- 
vince, he  soon  became  embroiled  with  the  native  tribes.  The 
harmony  that  had  so  long  subsisted  between  the  Indians  and  the 
Dutch,  was  suddenly  broken ;  in  the  indulgence  of  a  temper  which 
was  sometimes  ardent  to  the  verge  of  imprudence,  the  Director  pur- 
sued a  quarrel  arising  from  the  act  of  a  single  individual,  until  there 
arose  a  general  war.  Much  property  was  lost,  and  many  lives  were 
sacrificed,  in  the  course  of  a  protracted  contest.  Besides  these 
internal  disorders,  difficulties  were  increasing  from  without.  The 
English  settlers  in  New  England  were  constantly  advancing. 
Under  the  influence  of  forms  of  government  which  gave  an 
equal  measure  of  liberty  to  all,  these  colonists  were  inspired 
with  life  and  activity,  and  in  consequence  were  continually  seeking 
to  widen  the  field  of  action,  and  enterprize.  In  their  efforts 
for  this  purpose,  a  scrupulous  attention  to  form,  was  not  always 
exhibited.  If  the  limits  of  particular  patents  were  thought  too 
narrow,  they  urged  on  their  own  behalf  the  rights  of  the  great 
England  Company,  or  claimed  to  have  a  sufficient  warrant  as 
the  servants  of  the  King.  The  claims  of  the  Dutch  were  no 
further  -regarded,- than  merely  prudential  reasons  required.  The 
very  year  of  the  arrival  of  Director  Keift,  a  company  had 
formed  a  settlement  at  a  place  which  the  Dutch  called  Roodeberg, 
9 


66  NEW    NETHERLAND. 

but  to  which  the  English  gave  the  name  of  New  Haven,  and  not' 
withstanding  a  strong  protest  from  Keift  against  the  procedure, 
they  continued  to  hold  possession.  This  circumstance  gave  much 
uneasiness  to  the  Dutch  authorities.  Some  time  previous  also, 
the  English  King  had  made  a  new  grant,  in  which  a  large 
portion  of  the  territory  of  New  Netherland  was  included,  and 
the  holders  of  this  grant  soon  afterwards  appeared,  to  support 
their  claims.  At  this  time  too,  another  people,  THE  SWEDES,  were 
entering  the  country,  and  were  seeking  to  secure  possession,  by 
purchasing  lands  of  the  natives,  and  erecting  dwellings  and  forts. 

Beside  the  possession  of  the  lands  they  occupied,  the  New 
Haven  settlers  attempted  a  farther  acquisition.  In  the  follow- 
ing year  they  despatched  an  agent,  Captain  Nathaniel  Turner,  who 
proceeded  to  the  Delaware,  and  purchased  a  tract  of  land  for 
plantations,  on  both  sides  of  the  river.  The  prosecution  of  this 
purpose  is  to  be  presently  noticed. 

The  new  grant  from  the  English  King  which  has  already  been 
referred  to,  was  executed  prior  to  the  period  now  under  notice, 
being  dated  on  the  21st  of  June,  1634.  It  was  made  in  favor  of 
Sir  Edmund  Ploy  den,  Knight,  and  certain  associates. 

It  may  have  been  the  design  of  the  English  King  to  convey  at 
this  time  all  the  territory  upon  this  part  of  the  continent,  not  in- 
cluded in  former  conveyances,  and  in  this  manner  to  perfect  or 
complete  the  EngHsh  title  to  the  country.  The  patent  held  by  the 
great  New  England  Company,  gave  a  title  as  far  as  to  the  fortieth 
degree  of  latitude ;  below  this,  the  country  had  reverted  to  the 
English  Crown,  in  consequence  of  the  dissolution  of  the  South 
Virginia  Company.  But  a  portion  of  the  country  that  had  be- 
longed to  the  Virginia  Campany,  had  now  been  re-granted,  having 
been  given  in  the  year  1632,  to  George  Calvert,  Lord  Baltimore, 
and  this  portion  was  erected  into  a  separate  province,  called 
Maryland.  The  province  of  Maryland  extended  in  a  north- 
wardly direction,  to  the  fortieth  degree  of  latitude,  and  hence, 
in  that  direction,  came  into  contact  with  New  England.  But, 
toward  the  east,  Maryland  did  not  extend  to  the  Atlantic  coast, 
but  ran,  for  a  part  of  the  distance,  along  the  course  of  an  inland 
stream,  and  of  consequence,  a  portion  of  territory  was  left,  below 
the  fortieth  degree,  and  between  Maryland  and  the  Ocean,  that 


NEW    ALBION.  07 

was  still  ungranted.1  It  may  have  been  the  intention  of  the 
English  Sovereign  (but  this  is  only  conjecture)  to  make  a  con- 
veyance of  this  remainder,  in  the  grant  to  Sir  Edmund  Ployden, 
and  his  associates.2 

But  whatever  may  have  been  the  purposed  limits  of  this 
grant,  in  the  actual  execution  thereof,  portions  of  territory  were 
included,  on  the  north,  and  on  the  south,  that  were  also  em- 
braced in  previous  claims.  The  description  of  limits  as  given 
in  the  several  authorities,  is  somewhat  confused  and  uncertain. 
In  the  Patent  itself,  which  is  the  authority  most  to  be  relied  on, 
the  situation  of  the  Isle  of  Plowden,  or  Long  Island,  (which  was 
included,)  is  first  set  forth,  and  the  boundaries  of  the  adjacent 
territory  upon  the  continent,  are  then  described.  The  outline  of 
the  latter  portion  is  nearly  as  follows : 

Beginning  at  a  certain  point  or  promontory  called  Cape  May, 
and  running  from  thence  forty  leagues  westward,  pursuing  the 
course  of  the  Delaware  for  a  time  and  then  passing  into  Maryland, 
then,  from  its  western  limit  forty  leagues  northwardly,  then,  by  a 
right  line  inclining  toward  the  east,  forty  leagues,  to  the  river,  and 
aftenvards  descending,  touching  and  including  the  top  of  Sandheey, 
(Sandy  Hook,)  to  the  promontory  of  Cape  May  aforesaid.  Though 
there  is  here  a  want  of  precision,  it  is  still  sufficiently  evident  that 
there  would  be  included  within  these  limits  a  portion  of-  terri- 
tory belonging  to  New  England,  and  also  a  part  of  the  province 
of  Maryland.  This  encroachment  upon  adjoining  grants  is  in- 
deed distinctly  acknowledged  by  a  principal  authority,3  and  it  is 
explained  and  defended  on  the  ground  that  the  older  grants 

•From  1624,  when  the  South  Virginia  Company  was  dissolved  by  King 
James,  until  the  grant  was  made  to  Earl  Ployden,  the  portion  of  territory  above 
mentioned,  was  not  included  in  any  special  grant ;  it  consisted  of  that  part  of  the 
present  State  of  New  Jersey  that  lies  below  the  fortieth  degree  of  latitude. 

3  That  the  intent  in  the  present  case,  was  such  as  is  here  suggested,  receives 
some  support  from  the  fact,  that  in  the  description  of  places,  the  Isle  of  Ployden 
or  Long  Island  is  said,  (though  erroneously,)  to  lie  "near  or  between  the  thirty- 
ninth  and  fortieth  degrees,"  a  position  which  would  nearly  correspond  with  the 
actual  situation  of  that  part  of  the  territory  upon  the  continent,  which  remained 
ungranted. 

3  Plantagcnct's  History  of  New  Albion. 


68  NEW    ALBION. 

had  been  unfairly  obtained,  or  as  it  is  expressed,  "were  gotten 
on  false  suggestions."  But  in  regard  to  the  claims  of  the 
New  Netherland  settlers,  it  was  of  little  importance  what  were 
the  limits  of  the  present  grant ;  whether  the  English  claim  was 
every  where  the  same,  or  not;  whether  doubled,  or  single,  in 
any  case,  the  title  of  the  Dutch  to  the  country  was  wholly  denied.4 

The  grant  to  Sir  Edmund  Ployden  and  his  company,  was  made 
in  the  amplest  and  fullest  manner.  The  patent  conferred  upon 
him  and  his  associates  and  their  heirs  and  assigns  forever,  the  full 
right  to  all  the  lands  that  were  mentioned  and  described  therein.  It 
constituted  the  said  Sir  Edmund  Ployden  and  his  associates  absolute 
lords  and  proprietors  of  the  same.  It  also  provided  "in  order 
that  the  said  region  might  outshine  all  the  other  regions  of  the 
earth,  and  be  adorned  with  more  ample  titles,  that  the  said  region 
should  be  incorporated  into  a  province  to  be  nominated  and  called 
New  Albion,  or  the  province  of  New  Albion,  to  be  and  remain  a 
free  County  Palatine,  in  no  wise  subject  to  any  other."  Sir 
Edmund  was  constituted  County  Palatine,  with  the  title  of  Earl 
Palatine  of  Albion,  or  of  the  Province  of  New  Albion  in  America. 

The  Earl  Palatine  was  empowered  to  make  whatsoever  laws 
might  seem  best,  whether  concerning  the  public  estate  of  the 
province,  or  the  private  utility  of  individuals,  with  the  counsel, 
approbation,  and  assents  of  the  free  tenants  of  the  province  or  the 
major  part  of  them  who  should  be  called  together.  But,  it  was 
further  provided,  that  as  it  might  often  happen  that  there  would 
be  a  necessity  to  provide  a  remedy  in  a  number  of  cases  before 
the  free  tenants  could  be  assembled  to  make  laws,  the  Earl  Pala- 
tine and  his  heirs  and  successors,  should  have  authority  to  make 
"  fit  and  wholesome  ardinations,  as  well  for  keeping  the  peace  as 
for  the  better  government  of  the  people,  provided  however,  that 
such  ordinations  should  be  consonant  to  reason,  and  not  repug- 
nant to  the  laws,  statutes,  and  rights,  of  the  kingdom  of  England 
and  Ireland,  and  so  that  they  did  not  extend  to  the  right  or  interest 
of  any  person,  or  persons,  of,  or  in  free  tenements,  or  the  taking, 
distraining,  binding,  or  charging,  any  of  their  goods  or  chattels." 


•  Even  that  portion  of  country  which  for  a  time  had  remained  ungranted, 
continued  in  the  interval  to  be  subject  to  the  British  Crown.   . 


NEW    ALBION.  69 

It  was  also  provided  that  all  persons  should  be  allowed  to 
travel  for  the  purpose  of  inhabiting  in  New  Albion,  and  to  carry 
all  goods,  wares  and  merchandize,  to  be  shipped  and  transported, 
without  any  imposition,  subsidy  or  custom,  only  with  a  license 
from  the  King's  Treasurer;  so  also,  all  goods  and  merchandize 
whatsoever,  from  the  province  might  be  taken  to  any  part  of  the 
kingdom,  and  disposed  of  without  the  payment  of  any  tax,  sub- 
sidy, or  custom  whatsoever,  provided  however,  that  this  immu- 
nity should  only  continue  for  the  space  of  ten  years.  Further- 
more, no  imposition,  custom,  or  taxation  should  be  imposed  at 
any  time  hereafter  upon  the  tenants  or  inhabitants  of  the  province 
or  any  lands,  tenements,  goods  or  chattels,  or  in,  or  upon,  any 
goods  or  merchandize  within  the  province.5 

The  Earl  Palatine  exerted  himself  to  effect  a  settlement  of  his 
province.  It  is  indeed  said  in  the  patent,  that  the  said  isle  and 
region  had  already  been  "  amply  and  copiously  peopled  with  five 
hundred  persons,"  but  if  such  a  population  existed  at  that  time 
the  particulars  of  its  history  are  entirely  lost.  But  there  is 
evidence  that  at  an  early  period  after  the  charter  was  given, 
an  attempt  was  entered  upon  to  establish  a  colony.  An  as- 
sociation was  formed  composed  of  Lords,  Baronets,  Knights, 
Merchants  and  Planters,  in  all,  forty-four  persons,  and  this  com- 
pany engaged  by  indenture  to  send  out  "three  thousand  able 
trained  men,"  and  settle  them  upon  the  Palatine's  domain. 
In  the  year  1641,  the  Earl  made  an  attempt  to  carry  out 
the  projected  plan,  and  for  its  better  success,  attended  the  en- 
terprize  in  person.  He  conducted  a  company  into  the  province, 
though  it  would  seem  that  but  a  small  part  of  the  promised 
number  of  men,  were  in  actual  attendance.  Either  from  the 

•Sec  New  Albion  Patent  in  Hazard's  Collections.  Penington,  a  late  writer, 
in  an  article  given  in  the  Memoirs  of  the  Pennsylvania  Historical  Society,  vol.  4, 
has  attempted  to  discredit  this  instrument,  representing  it  as  spurious,  or  at  least 
as  open  to  doubt  and  suspicion.  But  this  writer  exhibits,  on  most  occasions,  a 
singularly  sceptical  temper;  he  resolutely  disputes  what  most  other  authorities  ' 
readily  admit  The  instrument  in  question  is  vague,  and  sometimes  incorrect, 
in  description,  and  it  seems  to  have  suffered  from  a  most  faulty  translation,  but  it 
contains  such  evidences  of  authenticity,  and  is  supported  by  so  much  collateral 
proof,  that  it  cannot  be  wholly  rejected. 


70  NEW    ALBION. 

emallness  of  his  forco,  or  from  eomo  other  cause,  the  Earl  did 
not  succeed  in  his  endeavours  to  establish  a  settlement ;  but  he 
remained  in  the  country,  and  engaged  in  exploring  his  province. 
The  whole  extent  was  divided  into  several  manors,  and  these 
being  dignified  with  well  chosen  names,  served  to  give  titles  to 
each  member  of  the  Earl  Palatine's  family.6 

Almost  at  the  same  time  with  the  arrival  of  the  Earl,  a  company 
of  persons  entered  the  province,  with  a  view  to  effect  a  permanent 
settlement  therein.  This  was  the  body  sent  out  by  the  New 
Haven  Colony  to  take  possession  of  the  lands  upon  the  Delaware 
that  had  been  purchased  by  Captain  Turner,  as  has  heretofore 
been  mentioned.  They  were  instructed  to  act  in  close  connexion 
with  the  mother  colony ;  they  were  to  plant  the  lands  and  engage 
in  trade,  and  were  also  to  establish  churches  in  gospel  order  and 
purity. 

The  company  consisting  of  near  fifty  families,  sailed  in  a  vessel 
belonging  to  one  Lamberton,  a  merchant  of  New  Haven,  and 
Robert  Cogswell  was  commander.  They  touched  at  Fort  Am- 
sterdam on  their  voyage,  and  the  authorities  at  that  place  be- 
came thus  apprized  of  the  nature  of  the  object  they  had  in  view. 
Governor  Keift  was  too  much  alive  to  the  movements  of  the 
English,  to  allow  him  to  look  with  indifference  upon  the  present 
attempt,  and  he  at- once  protested  against  it.7  The  English  Com- 


9  Plantagenet's  New  Albion,  Barclay's  Sketches,  Mickle's  Reminiscences. 

'  [Protest]  "  I,  William  Keift,  Director  General,  in  behalf  of  the  High  and 
Mighty  Lords  of  the  States  General  of  the  United  Provinces,  of  his  Highness 
of  Orange,  and  the  Nobl  e  Lords  Directors  of  the  Privileged  West  India  Com- 
pany, residing  in  New  Netherland,  make  known  to  you,  Robert  Cogswell  and 
your  associates,  not  to  build  nor  plant  on  the  South  River,  lying  within  the 
limits  of  New  Netherland,  nor  on  the  lands  lying  along  there,  as  lawfully  be- 
longing to  us,  by  our  possessing  the  same  long  years  ago,  before  it  was  fre- 
quented by  any  Christians,  as  appears  by  our  forts  which  we  have  thereon,  and 
also  the  mouth  of  the  rivers  sealed  with  our  blood,  and  the  soil  itself,  most  of 
which  has  been  purchased  and  paid  for  by  us,  unless  you  will  settle  under  the 
Lords,  the  States  and  the  noble  West  India  Company,  and  swear  allegiance 
and  become  subject  to  them  as  the  other  inhabitants  have  done.  Failing  where- 
of wo  protest  against  all  damages  and  losses  that  may  accrue  therefrom,  and 
desire  to  be  holden  innocent  threof." 


NEW    ALBION.  71 

mander  replied  that  it  was  not  their  intention  to  settle  under  any 
government,  if  any  other  place  could  be  found,  but  that  should 
they  settle  within  the  limits  of  the  States  General,  they  would 
become  subject  to  the  government.  The  company  then  proceeded. 
They  finally  reached  a  place  which  they  selected  for  a  settlement 
not  far  from  the  Delaware,  on  a  small  stream  called  Varcken's 
Kill.* 

Whether  these  settlers  were  at  all  aware  of  the  rights  and 
claims  of  the  Earl  Palatine  of  Albion,  at  the  time  they  entered 
the  province,  is  unknown.  But  finding  him  in  the  country  as  the 
holder  of  a  grant  from  the  English  Crown,  they  were  ready  to 
submit  to  his  rule,  and  hence  upon  being  visited  by  persons  com- 
missioned by  the  Earl,  they  swore  fealty  to  him,  as  the  Palatine 
of  Albion.9 

But  the  company  had  not  long  been  settled  in  their  new  situa- 
tion before  they  found  themselves  in  need  of  the  aid  and  protection 
which  their  present  ruler  was  in  no  condition  to  give. 

Their  settlement  had  been  observed  by  Jan  Janssen  Van 
Ilpcndam,  the  Dutch  Commandant,  who  resided  on  the  Delaware 
at  Fort  Nassau,  and  information  of  what  was  passing  was  soon 
transmitted  to  the  Director  at  Fort  Amsterdam.  Keift  immediately 
ordered  that  two  vessels  should  be  prepared  and  despatched  to  the 
Delaware,  with  orders  to  visit  the  English  and  to  reduce  or  dis- 
perse the  colony.  This  order  was  speedily  obeyed;  the  Dutch 
made  an  entrance  upon  the  settlement,  took  possession  of  the  goods, 
burned  the  houses,  and  detained  a  number  of  the  people  as  prisoners. 

The  Swedes  who  were  established  upon  the  Delaware  gave  aid 
and  assistance  to  the  Dutch  in  this  attack  upon  the  English 
colony.10 

6  Otherwise  called  Hog  Creek,  now  Salem  Creek. 

9  Plantagenet's  New  Albion,  Barclay's  Sketches,  Mickle's  Reminiscences. 

10  The  English  account  of  these  proceedings  is  as  folio  ,vs :     "  That  by  their 
agents  they  had  duly  purchased  of  the  Indian  Sachems  and  their  companions, 
several  tracts  or  parcels  of  land  on  both  sides  of  the  Delaware  Bay  or  River,  to 
which  neither  the  Dutch  or  the  Swedes  had  any  just  title,  yet  without  any  legal 
protest  or  warning  Mumcre  Keift,  the  Dutch  Governor,  sent  armed  men  in  1642, 
and  by  force  and  in  an  hostile  way  burnt  their  trading  houses,  seized  and  for 
some  lime  detained  the  goods  in  it,  not  suffering  their  servant*  so  much  as  to 


72  .  NEW    ALBION. 

After  a  period,  an  attempt  was  made  from  another  direc- 
tion, for  the  purpose  of  establishing  a  colony  within  the  province 
of  New  Albion. 

The  storm  of  political  agitation  was  now  arising  in  England, 
and  its  violence  had  already  become  such  as  to  shake  the  State 
and  the  Throne.  The  minds  of  men  were  ill  at  ease,  and  such 
as  were  disposed  to  seek  tranquillity  and  peace,  rather  than  to 
share  in  the  danger,  the  glory,  and  the  guilt  of  the  coming  strife, 
were  anxious  to  find  an  asylum  in  some  distant  land.  A  number 
of  "Knights  and  Gentlemen"  who  were  thus  disposed,  associated 
together  and  chose  one  of  their  company  to  visit  the  English 
plantations  in  America,  and  select  a  place  for  a  settlement.  The 
individual  chosen  for  this  purpose  was  Beauchamp  Plantagenet. 
He  proceeded  at  once  upon  his  errand,  and  after  extensive  travel 
in  the  several  colonies,  finally  fixed  upon  the  province  of  New 
Albion.  He  made  application  to  the  Lord  Governor  then  in  the 
country,  and  obtained  under  the  seal  of  the  province,  a  grant  of 
ten  thousand  acres  of  land.  This  tract  was  called  the  Manor  of 
Belvill.  Some  time  afterwards,  Plantagenet  returned,  in  order  to 
attend  the  removal  of  his  companions,  and  nearly  at  the  same 
time,  the  Earl  Palatine  also  departed  from  the  province,  being 
obliged  to  return  to  England  for  aid  and  supplies.11  Upon  their 

take  a  just  inventory  of  them;  he  also  seized  their  boat,  and  for  a  while  kept 
their  men  prisoners.  That  the  said  Dutch  Governor  compelled  Mr.  Lamberton, 
their  agent,  to  give  in  at  the  Manhattans,  an  account  of  what  beavers  he  had 
traded  within  New  Haven  limits  at  Delaware,  and  to  pay  recognition  for  the 
same.  That  John  Johnson,  (Jan  Janssen  Van  Ilpendam,)  the  Dutch  agent, 
with  the  Swedes  Governor  at  the  Delaware,  charged  Mr.  Lamberton,  as  if  he 
had  plotted  with  the  Indians,  to  cut  them  off.  A  capital  crime,  for  which  they 
imprisoned  and  tried  him,  but  could  bring  no  proof  to  satisfy  themselves  who 
both  accused,  and  sat  as  judges,  yet  they  set  a  fine  upon  him,  for  trading  within 
New  Haven  limits  there."  Hazard's  Register,  vol.  1,  p.  17. 

This  statement  is  hardly  correct  in  regard  to  the  want  of  any  protest  against 
the  proceedings,  the  protest  has  been  given. 

11  In  Winthrop's  History  it  is  stated,  that  in  1648  Sir  Edmund  Ployden 
arrived  at  Boston,  on  his  way  to  England,  and  that  he  had  been  in  Virginia 
seven  years.  It  is  possible  that  the  Earl  may  really  have  been  in  Virginia 
during  his  visit,  though  a  considerable  part  of  the  period  of  his  sojourn  was 
spent  in  his  own  province.  See  upon  this  point,  and  also  for  general  remarks  re- 
specting New  Albion,  King's  Discourse  before  the  New  Jersey  Historical  Society. 


NEW    ALBION.  73 

arrival  in  Europe,  the  Earl  Palatine  and  Plantagenet  again  met, 
and  they  then  exerted  themselves  to  revive  the  energies  of  the 
New  Albion  Company.  For  this  purpose  Plantagenet  wrote  and 
published  "A  Description  of  the  Province  of  New  Albion," 
dedicating  it  to  the  officers  and  members  of,  the  company ;  the 
writer  himself  having  become  a  member  of  the  body.  To  excite 
the  greater  interest,  a  sort  of  order  of  Knighthood  was  instituted, 
with  a  view  to  enlist  pessons  to  go  -to  the  province  and  engage  in 
efforts  for  the  conversion  of  the  natives,  to  the  Christian  fiaith. 
Those  who  should  devote  themselves  to  this  service,  were  to  be 
associated  under  the  name  and  title  of  "  The  Albion  Knights  of 
the  Conversion  of  the  Twenty-Three  Kings.''  This  title  had 
reference  to  the  number  of  -Indian 'Kings  supposed  to  be  living 
and  ruling  within  the  province.  But  all  these  efforts  fell  short  of 
thftf  object.  The  "three  thousand  able  trained  men"  were  never 
enlisted,  and  no  one  of  the  Albion  Knights  of  the  Conversion 
ever  arrived  at  the  field  of  labor.  Nor  did  the  Earl  Palatine 
himself,  or  his  coadjutor,  Plantagenet,  find  a  fit  opportunity  again 
to  visit  the  province. 

What  number  of  persons  ever  resided  in  New  Albion  under 
the  Palatine's  rule,  or  what  was  their  condition,  is  but  imperfectly 
known.  A  fort  called  Eriwoneck  was  erected  upon  the  Delaware 
near  the  mouth  of  the  Pensaukin,  and  this  post  was  held  during 
the  greater  part  of  the  Earls  sojourn,  by  a  small  body  of  men. 
The  New  Haven  colony  was  said  to  consist  of  near  fifty  families, 
and  there  were  also  a  few  traders  from  Virginia  residing  at  different 
places.  These  companies,  together  with  the  people  on  the  Isle 
of  Plowden,  or  Long  Island,  made  up  the  population  of  the 
Palatine's  province.  One  of  the  manors  called  Watcessit,  was 
selected  as  the  principal  residence  of  the  Earl,  and  this,  it  may 
be  supposed,  was  the  seat  of  authority.  A  plan  of  government 
was  also  fully  devised ;  as  described  by  Plantagenet,  it  was  dif- 
ferent in  some  respects  from  that  laid  down  in  the  patent.  A 
particular  notice  of  its  provisions  may  not  be  necessary,  as  it  was 
never  brought  into  actual  operation,  but  its  general  character  is 
worthy  of  notice.  It  was  mild  and  liberal  in  temper. 

In  religious  matters  the  most  entire  freedom  was  given.     Some 
fundamental  doctrines,  as  well  as  certain  forms,  were  to  be  settled 
10 


74  KEVV    ALBION. 

-  .        I  •  •••./  •". 

by'  acts'  of  Parliament;  yet  dissent  was  not  to  be  punished ;  indeed, ' 
all  railing  against  any  one  on  account  of  religidn,  was  deemed  an 
offence.    For,  it  was  said  "this  argument  or  persuasion  in  religion, 
ceremonies,  or  Church  dicipline,  should  be  actqd  in  mildness,  lovcf 
charity,- and  gentle, Jangu^ge."     This  noble  sentiment  carried  oui., 
as  it  was  to  have  been  into  actual  practice,  gives  one  of  the  finest, 

.  aslyell  as  earliest'  examples  of  religious  -toleration,  known  to  the 
world.  In  regard  to  this  particular,  full  justice  hag  not  been  done" 
to  the  lawgiver  of  New  Albion.  Williams  and  Calvert  have  been 
lauded,  and  justly  lauded,  as  being,  the  first  to  remove  the  shackles 

..  of  religious  intolerance,"  and  give  full. -liberty  io  the  inind  of  man 
jn -the  communion  it  holds  with  its  Great  Creator.  Williams  was 
doubtless  the  first  to  proclaihf.the-'pwnci^le' "that  the  civil  magis- 
trate has  no  right  to  restrain' br  djrect  the  consciences,  of  men." 
Calvert  followed  closely  in  his  track.  To  these  men  lot  honor  be 
given.  But  they  have'  beefl* represented  as  standing  entirely  alone 
until  the  appearance  of  Pehn.  Tfiis  is  not  just  or  truel  Ployden 
may  not  have  advanced  to  the  same  point ;  he  retained  the  shadow 
of  a  State  religion ;  but  he  offered  the  fullest  freedom,  and  the 
fullest  protection  to  all,  and  gave  his  voice  in  favor  of  mildness, 
charity,  and  love.  Though  his  designs  were  not  successful, 
though  the  work  he  projected  fell  short  of  completion,  yet  he 
deserves  to  be  ranked  Avith  the  benefactors  of  our  race,  and  New 
Albion  is  entitled  to  a  higher  place  in  the  history  of  human  pro- 
gress, than  is  often  allotted  to  older,  and  greater,  and  more  fortu- 
nate States. 

No  collision,  nor  indeed  any  intercourse  is  known  to  have 
occurred  between  the  authorities  of  New  Albion  and  New  Neth- 
erland.  The  attack  of  the  Dutch  upon  the  settlement  at  Varckens 
Kill,  led  to  no  further  hostilities. 

After  that  occurrence,  and  the  retirement  of  the  forces  that  had 
been  sent  from  Manhattan,  Van  Ilpendam  the  Commandant  of 
Fort  Nassau,  continued  at  his  post,  and  he  was  directed  by  Keift 
"lo  take  care  and  preserve  dominion,  and  to  defend  the  honor  of 
the  High  and  Mighty  States,  and  of  the  Honorable  West  India 
Company."12  But  however  necessary  this  vigilence  may  have 

13  Acrclius. 


NEW    SWEDEN.  75 

T>een,  to  prevent  the  advancement  of  others,  it  was  scarcely  re- 
quired toward  the  Earl  Palatine  of  Albion.  If  possessed  of  any 
ability,  he  was  little  disposed  to  a  hostile  movement  in  opposition 
to  the  Dutch.  In  their  late  aggression  the  blow,  had  T?een  aimed 
nt  New  Haven,  rather  than  New  Albion,  and  in  addition  to  this,  the 
Earl  was  less  apprehensive  as  to  the  principal  actors  in  the  move- 
ment, than  as  to  their  accessories.  •  He  is  reported  to  have  said  "that 
he  would  have  no  misunderstanding  with  the  Dutch,  though  he 
was  much  offended  with,  and  bore  a  grudge  against  the  Swedes."13 

The  latter  people  had  taken  full  possession  in  a  part  of  his 
province,  and  were  likely  to  remain,  and  to  obtain  assistance  in 
repelling  their  encroachments,  was  a  principal  object  with  the 
Earl,  in  his  return  to  Europe. 

The  establishment  of  the  Swedes  upon  the  Delaware  is  a  point 
to  be  considered. 

The  Swedish  nation  had  not  participated  in  the  early  discove- 
ries in  America,  or  in  the  first  attempts  to  establish  settlements. 
But  they  were  a  hardy  and  vigorous  people,  and  were  alive  to  the 
stir,  and  the  stirring  influences  of  that  eventful  period.  The  ad- 
vances made  by  other  nations  in  the  New  World,  had  not  passed 
unheeded,  and  at  this  time  their  attention  was  particularly  directed 
towards  the  movements  and  successes  of  the  Dutch.  William 
Usselinx,  a  Hollander,  who  had  settled  at  Stockholm  and  become 
an  eminent  merchant  there,  had,  from  a  connexion  in  business 
with  the  Dutch  West  India  Company,  acquired  a  full  knowledge 
of  the  plans  and  proceedings  of  that  body,  and  of  the  advantages 
either  derived  or  expected  from  the  colonial  establishments  in 
New  Netherland.  Usselinx  was  led  to  conceive  that  it  would  be 
to  the  interest  of  the  Swedish  Government  to  encourage  a  similar 
enterprize,'  and  he  finally  proposed  his  views  upon  the  subject,  to  • 
Gustavus.  Adolphus,  the  King.14  His  suggestions  were  favorably 

13  Hartgcr's  Bes^hrijvinge  Van  Virginia  and  Niew  Nederland. 
"  Usselinx  urged  in  support  of  the  measure  that  "  the  Christian  religion 
would  by  that  means  be  planted  amongst  the  heathens, — that  his  Majesty's 
dominions  would  be  enlarged,  his  treasury  enriched,  and  the  people's  burdens 
at  home  diminished.  That  it  would  produce  to  the  country  many  positive  ad- 
vantages, and  a  very  profitable  trade,  and  that  the  Swedes  possessed  all  the 
means  for  carrying  it  on  to  advantage."  Clay's  Annals,  p.  14. 


76  NEW    SWEDEN. 

received  by  the  Sovereign,  and  measures  for  the  prosecution  of 
the  plan  were  immediately  adopted.  But  the  occurrence  of  war, 
and  the  subsequent  death  of  the  King,  together  with  other  un- 
favorable events,,  prevented  the  pursuance  of  the  design,  at  the 
time,  or  in  the  manner  proposed.15  Yet  it  was  not  forgotten,  and 
after  a  period  it  was  again  brought  forward  and  urged  upon  the 
notice  of  the  Swedish  Government.  The  principal  mover  in  this 
new  effort  was  a  person  who,  in  the  course  of  his  past  experience 
had  acquired  a  degree  of  knowledge  in  relation  to  such  an  attempt. 
This  individual  was  Peter  Minuet,  the  former  Governor  of  the 
Province  of  New  Netherland,  but  who,  as  has  already  been 
noticed,  had  been  recalled  from  his  post.  Either  from  a  feeling 
of  resentment  against  his  former  employers  and  a  desire  to  estab- 
lish a  rival  interest,  or  from  attachment  to  the  country  in  which 
he  had  resided,  and  a  desire  to  return  there,  or  it  may  be  merely 


»»  Under  the  favor  of  Gustavus  a  company  was  established  with  power  to 
trade  to  Asia,  Africa,  and  the  Straits  of  Magellan.  The  plan  was  made  known 
in  an  edict  issued  by  the  King  on  the  2d  of  July,  1626.  Harte  in  his  life  of 
Gostavus  says,  that  the  scheme  for  the  establishment  of  colonies  in  the  West 
Indies  greatly  delighted  the  senators,  and  that  many  persons  subscribed  liberal- 
ly and  readily,  in  conformity  to  the  example  of  the  King,  and  Campanius 
mentions  a  number  of  persons  including  princes,  nobles  and  principal  officers, 
who  were  subscribers  to  the  plan. 

Rudman  further  states,  that  ships  and  all  necessaries  were  provided,  and 
Harte  asserts  that  "a  little  Swedish  squadron"  actually  sailed  for  America,  but 
that  "  the  Spanairds  contrived  dextrously  enough  to  make  themselves  masters 
of  it."  Campanius  also  makes  a  similar  statement,  and  adds,  that  the  ships 
had  been  stopped  by  the  Spaniards,  in  order  to  favor  the  Poles  and  the  Empe- 
ror of  Germany,  then  engaged  in  a  war  with  the  Swedes.  To  what  precise 
point  the  undertaking  was  carried,  h  is  not  easy  to  determine,  but  it  seems  to 
be  decided  that  it  was  not  then  brought  to  final  completion.  Campanius  indeed 
narrates,  that  America  was  visited  and  settled  by  the  Swedes  in  the  reign  of 
Gustavus,  and  several  authorities  have  followed  him  in  the  statement  But  the 
best  authorities  agree  in  the  conclusion,  that  no  settlement  was  made  until  the 
following  reign,  and  that  if  any  Swedes  were  in  America  at  an  earlier  period 
it  could  only  have  been  a  few  individuals,  who  had  adventured  with  the  Dutch. 
See  Clay's  Annals,  O'Callaghen's  New  Netherland,  Gordon's  New  Jersey, 
Mickle's  Reminiscences,  Whitehead's  East  Jersey,  and  Ferris's  Settlements  on 
the  Delaware. 


r>EN.  77 

from  a  lack  of  other  employment,  Minuet  had  sought  the  patron- 
age of  the  Swedes,  and  strongly  recommended  that  a  colony 
should  be  settled  in  America.  He  also  designated  as  a  proper 
situation,  the  South -or  Delaware  River. w  The  projected  under- 
taking was  warmly  approved  by  Queen  Christina,  who  had  suc- 
ceeded to  the  Swedish  Throne,  and  through  her  favor,  and  the 
patronage  of  Oxersteirn,  the  Chancellor  of  the  Kingdom,  Minuet 
was  enabled  to  carry  out  his  design.  An  expedition  was  fitted 
out  and  committed  to  his  care,  furnished  with  all  the  necessary 
stores  and  with  articles  of  merchandize,  intended  for  traffic  with 
the  Indian  tribes.  A  company  of  settlers  was  also  carried  out. 

The  expedition  arrived  in  the  Delaware  early  in  the  season,  in 
the  year  1638,  and  the  emigrants  landed  at  Inlopen,  (otherwise 
called  Hindlopen,)  on  the  western  side  of  the  bay. 

Presently  after  the  arrival  of  the  Swedes,  they  were  visited  by 
some  of  the  Dutch  who  resided  on  the  Delaware,  to  whom  the 
Swedish  Commandant  stated,  that  he  had  entered  the  river  on  his 
way  to  the  West  Indies,  to  procure  supplies,  and  that  he  should 
presently  depart.17  But  instead  of  leaving  the  Delaware,  he  as- 
cended the  stream,  and  selected  a  place  for  a  permanent  settle- 
ment; the  situation  was  on  the  borders  of  a  stream  which  was 
called  Christina,  and  a  fort  was  immediately  erected,  which  was 
also  named  Christina,  in  honor  of  the  Queen.  After  having  thus 
secured  himself  in  the  country,  Minuet  opened  a  communication 
with  the  neighboring  tribes  of  natives,  and  purchased  from  them 
an  extent  of  territory  reaching  from  Inlopen  to  the  falls  at  San- 
tickan,  and  as  far  inward  in  breadth,  as  the  settlers  might  require. 
At  this  time  no  land  was  acquired  on  the  eastern  side  of  the 
Delaware  Bay  or  River,  but  not  long  afterwards  a  portion  of 
country  was  secured  on  that  border,  in  a  manner,  and  for  reasons 
to  be  noticed  hereafter. 

"JRudman  states,  from  information  given  by  an  ancicnt*Swede,  that  Minuet 
"  profiting  by  his  knowledge  of  the  country,  went  to  Sweden,  and  informed  the 
principal  persons  that  the  Dutch  had  settled  on  the  east  side  of  the  Delaware, 
but  that  the  whole  of  the  western  side  was  unoccupied,  except  by  the  Indians. 
He  urged  a  settlement  there,  and  offered  to  conduct  the  enterprise."  Clay's 
A.mrals,  p.  16. 

"  O'Callaghen,  p.  189. 


-o 

79  .  .;•-      XE- 

The  Swedes  had  thus  succeeded  in  effecting  a  settlement  in  the 
country,  yet  their  situation  was  such  as  to  expose  them  to  no  little 
difficulty.  They  had  placed  themselves  upon  lands  that  were  sub- 
ject to  o"ther,  and  older  claims,  and  hence,  at  the  very  beginning  of 
their  course,  they  were  met  by  opposing  interests.  Both  the 
English  and  the  Dutch  asserted  a  right  to  these  same  lands.  This 
fact  was  not  unknown  to  the  Swedes,  though  they  may  not  have 
been  apprized  of  the  particular  nature,  or  the  full  extent  of  the 
claims  in  question.  The  English  claim  was  two-fold  in  character, 
or  kind,  first  a  general  right,  founded  upon  the  ancient  ground  of 
prior  discovery,  which  right  was  vested  in  the  Crown;  secondly, 
one  of  a  special  nature,  based  upon  such  specific  grants  as  had 
been  made  by  the  Sovereign,  either  to  bodies,  or  to  particular 
persons.  The  former  of  these,  however,  according  to  Swedish 
historians,  had  been  fully  ceded  by  the  English  King.  These 
historians  relate  that  some  time  prior  to  the  advent  of  the  Swedish 
colonists,  application  was  made  to  Charles,  the  English  King,  and 
that  he  then  renounced  the  claim  of.  his  nation,  in  favor  of  the 
Swedes.19  *»-;*'" 

But  the  declaration  of  the  Swedish  historians  upon'  this  subject, 
is  without  support,  no  such  treaty  as  is  here  mentioned  is  known 
to  exist,  and  the  evidence  of  its  having  been  ever  concluded,  has 
not  been  produced.  But  it  is  in  any  case  clear,  that  some  time 
previous  to  the  coming  of  the  Swedes,  the  country  upon  which 
they  entered,  had  been  conveyed  by  the  English  King,  in  the 
fullest  manner,  to  some  of  his  own  subjects.  According  to  the 
best  authorities,  the  arrival  of  the  Swedes  was  in  1638,  and  in 
1632  Maryland  hadjbeen  granted  to  Lord  Baltimore,  and  in  1634 
New  Albion  was.  given  to  Sir  Edmund  Ployden  and  his  associates, 
and  these  provinces  included  the  whole  of  the  country,  afterwards 
occupied  by  the  Swedish'  settlers.  So  far  as  an  English  right  was 
concerned,  the  Conveyances  to  Lord  Baltimore  and  Earl  Ployden 
were  conclusive  against  the  Swedes,  unless  it  could^  be  shown  that 
they  were  in  possession  of  an  earlier  grant  from  the  English  King, 
and  this  as  already  remarked,  has  not  been  shown.  It  has  not 

18  The  date  of  the  transaction  is  differently  given.  Acrelius  says  that  it  was 
in  1634;  Campanius  states,  that  it  was  "in  or  about  the  year  1631." 


NL'W    SWEDEN.      -J  ,  ?  79 

been  shown  that  any  conveyance  whatever  was  made  to  them  by 
Charles  I.,  and  if  made,  it  was,  even  according  to  Swedish  history, 
later  in  date  than  that  to  Lord  Baltimore.19 

.But  the  claims  of  the   Dutch7'-  tyere  also  in  the  ..wley  of  the 
"Swedish  adventurers,  and  an-  important. .advantage  '\*a$  hekl  by  •"  . 
_-  the  Dutch  in.  their  -  aetua]^  possession  of  the,  ctiiiritry.30^  "But-it-is  " 
'  ^asserted-  that  the  Swedes  KatT.aiso  acquired  tlie  rights  oftheJDuteh  *• 
•*  jaJfoes^parts,  by  .actual  pui;«h^s"e,  and  a'.wrrier  declares  tl.iaf  'M,he  . 
«*tHfa.ty  *which   cenfirnie4*  "tkap-Jtpm'chase  wa*  sh<jwii,..jij/^  byj-the    ^«.  . 
Honorable   Mr.^Se«^<hK,.JElias^Palmskoild^'21.  'But  tfifc-'tetate'-""- 
incuts  ojp,his  writer  dre  frequently, loose  aiid  inaccurate,  and  s,i}eh 
•*  Is-" treaty"  could  not. ha,ve  been  readily  'g>nchided.     The  ciaim  of  «.* 2 
*    the' Dutch'  yras  aven  more  .eo"nrplicate<jl  than  fliat  $f  "tKe-.  English  V  7C«* 
it  Jay  with  the  States  General,  the  "West-India,  Company,  a«$t  'tfee  •  •*.«,  * 
different  bodies  of  Patrooris.  ••  Whether;*  the  treaty  between  4he 
Swedes  and  ^he  Dutch,  -If.  teally*  concluded  at  all,  had^  been  so 
Jformed.as  to  erabraee  the,  claims  of  these*>«eVJgral  parties,  i*  BM-   .. » 
tirely  -unknown.22  v-'/T- 

But  it-is  certain,  that  the  course  of  the  Dutch  w.as.  'not  such  as 
accorded  .with  the  idea  of  an  entire  surrender 'of  their  rights  and 
claims.  So  soon  as  it  was  known  that  the  Swedes  had  remained 
in  the  Delaware,  and  were  preparing  to  establish  a  settlement, 

19  Acrelius  who  is  usually  much  more  correct  than  Campanius  states,  that 
the  grant  from  Charles  to  the  Swedes  was  in  1634,  which  was  two  years  sub- 
sequent to  the  Maryland  grant.     Maryland  extended  to  the  fortieth  degree  of 
latitude,  and  therefore  included  the  greater  part  of  the  Swedish  purchase,  and 
the  place  of  their  earliest  settlement. 

20  Some  writers  assert  that  the  whole  of  the  settlements  made  by  the  Dutch, 
had  been  destroyed  by  the  Indians  before  the  coming  of  the  Swedes.     But  the 
settlement  at  Zwaendel  was  the  only  one  that  had  thus  been  destroyed.     Fort 
Nassua  had  never  been  attacked  by  the  Indians  and  it  had  now  been  enlarged; 
whether  the  party  that  visited  the  Swedes  upon  their  arrival,  had  been  detached 
from  this  post,  is  uncertain,  but  it  is  clear  that  they  were  residing  in  the  coun- 
try.    It  is  also  stated  by  Huddle  in  a  formal  report  upon  the  state  of  the  country, 
that  at  the  time  when  the  Swedes  first  came,  there  was  a  sufficient  garrison  on 
the  Delaware  "  with  men  and  ammunitions  of  war." 

81  Campanius. 

23  At  this  time  the  West  India  Company  had  acquired  the  control  of  Zwaeii- 
del.  The  Palroons  had  sold  their  rights  to  the  Company  in  the  year  1635. 
O'Callaghcn,  p.  365. 


80  NEW    SWEDEN. 

they  were  visited  by  an  officer  from  Fort  Nassau,  who  waited  on 
the  Swedish  Commandant  and  requested  him  to  "produce  his 
commission."  Minuet  refused,  and  furthermore  asserted,  that  his 
Queen  had  an  equal  right  with  the  Dutch,  and  that  in  virtue  of  such 
right  he  should  proceed,  without  delay,  to  establish  a  settlement. 
Information  of  these  -proceedings  was  forwarded  to  Fort  Amster- 
dam, and  Governor  Keift  immediately  despatched  a  messenger, 
bearing  a  formal  protest  against  the-  movements  of  the  Swedes.23 
The  -Protest  was  received,  but  it.  was  productive  of  no*  effect. 
Whether  the  Swedes  were  in  possession  of  ft  sufficient  claim  to 
the  country,  or  not,,  th'ey  .were  resolved  to  "remain,  and* .to  prose- 
cute their  plans. ,  ^Minuet  entrenched  himself  at  Fort  Christiana, 
and  prepared  to  defend  his-.colony  against  every -aggressor.24 


33  [Protest.]  "  Thursday,  6th  May,  1683. 

"  I  "William  Keift,  Director  General- of  the  New  Netherlands,  residing  on  the 
Ifeland  of  Manhattenx  iu  Fort  Amsterdam,  under  the  government  that  appertains 
to  the  high  and  mighty  States  General,  of  the  United  Netherlands,  and  to  the 
West  India  Company,  privileged  by  the  Senate  Chamber  in  Amsterdam,  make 
known  to  thee  Peter  Minuet  who  stylest  thyself  commander  in  the  service  of 
her  Majesty  the  Queen  of  Sweden,  that  the  whole  South  River  of  the  New  Ne- 
therlands, both  the  upper  and  the  lower,  has  been  our  property  for  many  years, 
occupied  with  forts,  and  sealed  by  our  blood,  which  also  was  done  when  thou 
wast  in  the  service  of  the  New  Netherlands,  and  is  therefore  well  known  to 
thee.  But  as  thou  hast  come  between  our  forts,  to  erect  a  fort  to  our  damage 
and  injury,  which  we  never  will  permit;  as  we  also  believe  that  her  Swedish 
majesty  has  not  empowered  thee  to  erect  fortifications  on  our  coasts  and  rivers, 
or  to  settle  people  on  the  lands  adjoining,  or  to  trade  in  peltries,  or  to  undertake 
any  other  thing  to  our  prejudice.  Now  therefore,  we  protest  against  all  such 
encroachments,  and  all  the  evil  consequences  from  the  same,  as  bloodshed,  sedi- 
tion, and  whatever  injury  our  trading  company  may  suffer ;  and  declare  that 
we  shall  protect  our  rights  in  a  manner  that  shall  appear  most  advisable." 

*•  The  Rev.  J.  C.  Clay,  the  author  of  the  Annals,  whose  connexion  with  the 
Swedish  people  and  entire  acquaintance  with  their  history,  together  with  his 
general  intelligence,  entitle  his  opinions  to  the  greatest  weight,  thus  speaks  of 
the  Swedish  claim  "I  have  seen  nothing  to  confirm  the' statements  of  Campa- 
nius,  that  the  Swedes  had  acquired  a  claim  to  the  country  on  the  Delaware 
through  grants  from  the  English,  and  the  Dutch.  We  know  that  Campanius 
erred  in  saying  that  the  Swedes  commenced  their  settlement  in  1631,  and  in 
like  manner  does  he  appear  to  have  erred  in  the  other  particular.  Most  writers 
represent  the  rights  of  the  Swedes  as  being  acquired  by  purchase  from  the  na- 
tives of  the  country."  Letter  to  the  Author. 


NEW    SWEDEN.  81 

Minuet  was  careful  to  follow  up  the  advantages  that  had  thus 
been  gained;  he  employed  himself  in  extending  the  limits  and 
strengthening  the  interests  of  the  colony  he  had  planted.  Trade 
was  opened  with  the  natives,  and  at  different  places  "  the  arms  of 
the  Crown  of  Sweedland"  were  erected,  in  token  of  Sovereignty. 
The  province  was  said  to  extend  "  from  the  borders  of  the  Sea  to 
Cape  Henlopen,  in  returning  south-west  towards  Godyn's  Bay ; 
thence  towards  the  great  South  River,  as  far  as  the  Minquaas-Kill, 
where  Fort  Christina  is  situated ;  and  thence  again  towards  South 
River,  and  the  whole  to  a  place  which  the  Savages  call  Sankikan." 
It  was  thirty  German  miles  in  length,  and  in  width,  "as  much  of 
the  country  as  they  chose  to  take."  To  this  province  the  name 
of  New  Sweden  was  given. 

At  an  early  period  the  attention  of  the  Swedish  Government 
began  to  be  directed  toward  this  new  possession,  and  measures 
were  concluded  upon,  to  strengthen  the  colony,  and  to  place  it 
upon  a  durable  basis.  According  to  the  policy  adopted  by  the 
Government,  the  management  of  trade,  and  the  internal  affairs  of 
the  province,  were  committed  to  associated  bodies,  whilst  the  prin- 
cipal sovereignty  and  the  direction  of  the  general  government,  were 
retained  by  the  Crown.  A  body  known  by  the  name  of  the 
Navigation  Company,  became  invested  with  the  right  of  property 
in  the  soil  of  the  province.25  The  character  and  object,  of  this 
company  were  similar  in  many  particulars  to  those  of  the  West 
India  Company  of  Holland,  though  its  political  authority  was  far 
less  extensive ;  in  fact,  it  had  little  concern  in  matters  of  govern- 
ment. All  the  officers  of  the  province  were  appointed  by  the 
Sovereign  of  Sweden,  who  also  prescribed  their  duties,  and  gave 
all  instructions  for  the  administration  of  public  affairs. 

In  the  year  1640,  several  companies  of  emigrants  departed  from 
the  mother  country  for  New  Sweden,  and  a  license  is  on  record, 
given  to  Jacob  Powelson  for  a  vessel  commanded  by  him,  and 
which  was  departing  for  the  province,  laden  with  men,  cattle,  and 
other  articles  for  the  cultivation  of  the  country.26 


25  It  is  not  certain  whether  the  Navigation  Company  became  possessed  of  a 
title  to  the  whole  of  the  land  in  New  Sweden,  or  only  to  certain  portions. 

26  Gordon,  p.  11. 
11 


82  NEW    SWEDEN. 

In  the  same  year  a  charter  or  grant  was  given  to  a  company 
who  were  about  to  establish  a  colony  in  the  vicinity  of  Fort 
Christina ;  by  the  conditions  of  this  charter,  the  grantees  became 
possessed  of  privileges  and-  powers  similar  in  most  respects  to 
those  held  by  the  Patroons  in  New  Netherland. 

The  Dutch  authorities  on  the  Delaware  and  at  New  Amster- 
dam, with  an  apathy  that  contrasted  strangely  with  their  previous 
activity  and  promptitude,  made  no  opposition  to  these  movements 
of  the  SXvedes ;  on  the  contrary,  a  number  of  Hollanders  actually 
settled  within  the  limits  of  New  Sweden,  not  far  from  Fort 
Christina,  and  submitted  themselves  to  the  government  pf  the 
province. 

These  settlers  were  received  with  a  degree  of  favor,  they  were 
placed  in  the  charge  of  Jost  De  Bogart,  who  had  been  commis- 
sioned by  the  Queen  of  Sweden  as  an  Agent  or  Superintendant  at 
Fort  Christina.*7 

Whether  the  forbearance  of  the  Dutch  at  this  period  may  be 
attributed  to  necessity  or  to  choice,  it  gave  an  opportunity  to  the 
Swedish  Commandant  to  strengthen  and  establish  the  settlement. 
This  advantage  was  not  neglected  by  Minuet,  and  an  occasion 
presently  occurred  which  led  him  to  attempt  a  further  extension 
of  his  bounds. 

In  1641,  the  English  colony  detached  from  New  Haven,  arrived 
on  the  Delaware  and  effected  a  settlement  at  Varcken's  Kill,  as 
has  already  been  related.  The  near  approach  of  these  settlers 
excited  uneasiness  in  New  Sweden ;  they  were  likely  to  prove 
rivals  in  trade,  and  might  also  prove  rivals  in  power.  Minuet 
was  desirous  to  avert  the  danger.  The  lands  that  were  occupied 

47  The  character  and  position  of  this  officer  is  somewhat  uncertain.  He  has 
sometimes  been  represented  merely  as  the  "  Director  of  all  the  Hollanders  who 
had  settled  in  New  Sweden."  That  he  had  a  special  relation  to  these  settlers, 
is  certain,  but  he  appears  to  have  been  charged  with  other  duties.  He  was  re- 
quired, and  had  engaged  "  to  aid  by  his  counsel  and  actions,  the  persons  who 
are  at  Fort  Christina  and  those  who  may  afterwards  be  sent  there  from  Sweden, 
and  to  procure  as  occasion  may  present,  whatever  will  be  most  advantageous  to 
her  Majesty  and  the  Crown  of  Sweden,  and  moreover,  was  to  let  no  opportunity 
pass  of  sending  information  to  Sweden  which  may  be  useful  to  her  Majesty  and 
the  Crown. 


NEW    SWEDEN.  83 

by  the  English  colonists  had  already  been  obtained  by  them,  from 
the  natives  of  the  country,  and  the  Swedes  insisted  in  regard  to 
themselves,  that  a  purchase  from  the  Indians  "the  owners  of  the 
soil,"  gave  all  the  right  that  was  needed.28  But  unless  they  were 
ignorant  of  the  English  purchase,  the  conclusion  must  be  drawn, 
that  the  Indian  right  was  only  admitted  by  the  Swedes,  when  it 
turned  to  their  own  advantage.  They  resolved  to  secure  a  title  to 
the  country  possessed  by  the  English ;  agents  were  despatched  by 
whom  an  extent  of  land  was  acquired,  reaching  from  the  mouth  of 
the  Delaware,  to  a  point  above  the  settlement  at  Varcken's  Kill, 
and  thus  the  English  colony  was  completely  environed.29  This 
was  the  time,  and  the  occasion  of  the  extension  of  the  Swedish 
claim  to  the  eastern  side  of  the  Delaware  River  and  Bay. 

Nearly  at  this  time,  Minuet  died  at  Fort  Christina.  He  had, 
says  an  early  author,30  "  done  great  service  to  the  Swedish  colony. 
During  three  years,  he  protected  his  small  fort  which  the  Dutch 
never  attempted."31 

Peter  Hollandare,  who  had  been  for  some  time  residing  in  the 


38  Authorities  agree  in  stating  that  lands  on  both  sides  of  the  Delaware  had 
been  purchased  by  agents  of  the  New  Haven  colony,  and  it  is  supposed  that  the 
settlement  on  Salem  Creek  was  within  the  limits  of  this  purchase. 

39  The  portion  of  country  now  purchased  by  the  Swedes,  extended  from  Cape 
May  to  the  Narriticon,  or  Raccoon  Creek.     The  purchase  was  made  by  the 
agents  of  the  Navigation  Company,  yet  the  act  may  be  considered  as  a  part  of 
the  policy  of  the  government. 

30  Acrelius. 

31 A  late  writer  remarks  in  reference  to  the  course  of  the  Dutch  at  this  period, 
"  that  Director  Keift  found  it  much  easier  and  more  economical  to  issue  a  paper 
protest  than  to  equip  a  squadron  or  send  an  army.  Beside  this,  by  the  charter  of 
the  West  India  Company,  it  had  not  the  power  to  declare  war  or  to  commence 
hostilities,  either  against  a  foreign  State  or  the  native  Indians,  without  the  con- 
sent of  the  States  General,  and  in  case  war  should  be  waged  against  the  com- 
pany or  settlements,  the  States  were  only  bound  to  furnish  one  half  the  means 
of  equipping  and  manning  a  squadron  for  the  occasion;  after  it  went  into 
service,  the  expenses  of  maintaining  the  armament  were  to  be  paid  wholly  by 
the  company.  This  wise  regulation  of  the  money  loving  legislators  of  Holland 
had,  perhaps,  more  to  do  in  the  preservation  of  peace,  than  any  supposed  phlegm 
or  obtusity  of  feeling  in  the  Dutch  character."  Ferris's  Settlement  on  the 
Delaware. 


84  NEW    SWEDEN. 

province,  entered  upon  office  as  the  successor  of  Minuet,  but  his 
term  of  service  was  but  brief,  as  he  returned  to  Sweden  in  the 
following  year.  He  was  a  soldier  by  profession,  and  was  after- 
wards appointed  Commander  of  the  Naval  Asylum  at  Stockholm. 
It  has  been  observed  that  his  career  was  not  marked  by  any  act, 
either  of  injury  or  benefit  to  the  colony.32 

But  there  is  reason  to  believe  that  an  occurrence  of  some  im- 
portance in  the  history  of  the  period  took  place  during  the  time  of 
the  administration  of  Hollandare.  The  purchase  which  had  been 
made  on  the  eastern  side  of  the  Delaware,  for  the  purpose  of 
bringing  the  English  under  the  control  of  New  Sweden,  had  been 
followed  by  no  immediate  effects.  But  a  circumstance  soon  oc- 
curred which  afforded  an  opportunity  for  the  adoption  of  more 
prompt  and  decisive  measures.  The  settlement  of  the  English 
had  excited  no  less  uneasiness  in  New  Netherland,  than  in  New 
Sweden,  and  Governor  Keift  had  resolved  upon  a  more  summary 
mode  of  proceeding.  As  has  already  been  mentioned,  a  force 
was  despatched  from  Fort  Amsterdam,  with  orders  to  disperse  the 
English  on  the  Delaware,  and  the  Schuylkill ;  a  small  body  having 
also  settled  on  the  latter  stream.33  The  Swedes  resolved  to  aid 
and  assist  in  the  enterprize,  and  the  result  has  already  been  seen. 
The  English  settlement  was  entirely  destroyed.  The  fortunes  of 
the  colony  at  Varcken's  Kill  were  no  less  singular  than  disastrous. 
The  parent  colony  was  too  far  distant  to  give  them  support  and 
assistance,  the  Governor  of  New  Albion,  to  whom  they  had 
acknowledged  allegiance,  was  destitute  of  power,  and  two  other 
States,  who  were  jealous  of  each  other,  agreed  in  an  attack  upon 
the  defenceless  post.34 


"Ferris. 

33  The  settlers  on  the  Schuylkill  are  represented  by  some  authorities  as  being 
a  part  of  the  colony  from  New  Haven ;  by  others,  as  a  company  who  had  seated 
themselves  there,  under  a  Patent  or  other  authority,  from  Lord  Baltimore.  The 
latter  is  the  statement  generally  received. 

34  The  statement  that  tbe  attack  upon  the  English  was  made  in  the  time  of 
Hollandare,  is  made  upon  the  authority  of  dates.     It  is  generally  admitted  that 
the  attack  was  made  in  1642,  and  the  successor  of  Hollandare  did  not  arrive  in 
the  province,  according  to  the  best  authorities,  until  the  beginning  of  the  fol- 
lowing year. 


;.  ..;<i  -    _- .:.-<  -   ; 

NEW    SWEDEN.  85 

But  the  temporary  junction  between  the  Dutch  and  the  Swedes 
though  it  resulted  in  the  attainment  of  their  immediate  purpose, 
was  followed  by  no  union  either  of  feeling  or  of  action,  between 
themselves.  On  the  contrary,  by  directly  involving  their  interests, 
it  led  to  more  decided  opposition  in  their  future  course. 

Preparations  had  now  been  made  by  the  government  of  Sweden 
for  the  fuller  establishment  and  maintainance  of  government,  with- 
in the  limits  of  their  province  in  America.  The  Queen  issued  a 
decree  assigning  a  fund  for  defraying  the  expenses  of  government, 
and  supporting  the  garrisons,  and  the  several  persons  employed  in 
the  country.  For  these  purposes  there  was  appropriated  the  sum 
of  two  millions  six  hundred  and  nineteen  Rix  Dollars,  which  was 
to  be  raised  each  year,  in  Sweden,  from  an  excise  on  tobacco.35 
In  the  same  year  Colonel  John  Printz  was  appointed  Governor, 
and  he  immediately  departed  for  the  province  with  a  colony  of 
settlers.  His  commission  which  was  dated  the  16th  of  August, 
1642,  authorized  him  to  assume  the  name  or  style  of  the  GOVERN- 
OR OF  NEW  SWEDEN. 36 

31  It  was  afterwards  found  that  the  amount  raised  in  this  manner  was  not 
more  than  half  the  sum  mentioned,  and  also  that  a  great  part  of  the  amount 
actually  obtained,  had  been  used  for  other  purposes  of  the  crown,  particularly 
for  the  construction  of  the  Chateau  of  Stockholm.  During  this  period  the  ex- 
penses of  the  colonial  government  were  defrayed  from  the  revenues  of  the  com- 
pany, it  was  therefore  decreed  by  the  Queen  that  the  company  should  be  re- 
funded, and  in  case  the  excise  should  not  yield  a  sufficient  revenue,  the  deficit 
was  to  be  made  up  from  other  resources  of  the  crown.  Hazard's  Register. 

36  [By  the  Queen.]  "Aug.  20th,  1642. 

"  To  the  liege  subjeects  and  respective  members  of  the  Kingdom  and  the 
Chamber  of  Finance,  greeting,  as  we  have  appointed  Lieutenant  Colonel  John 
Printz,  Governor  of  New  Sweden,  and  have  judged  proper  to  give  him  soldiers 
and  officers  to  assist  him  in  discharging  fully  the  duties  of  his  station,  and  as 
we  have  arranged  a  certain  appropriation  for  the  support  of  his  troops  and  their 
annual  pay,  as  you  will  perceive  by  the  copy  hereunto  annexed,  we  therefore 
desire  and  command,  that  you  will  follow  exactly  our  said  resolution  and  regu- 
lations, and  observe  that  each  person  employed  in  New  Sweden  shall  receive 
his  support  according  to  the  foregoing  appropriation."  By  this  regulation  the 
Governor  received  the  sum  of  Twelve  Hundred  Rix  Dollars;  a  Lieutenant 
Governor,  Sixteen  Dollars  a  month;  a  Sergeant  Major,  ten;  a  Corporal,  six; 
a  gunner,  eight;  trumpeter,  six;  drummer  five;  to  twenty-four  soldiers,  four, 
each;  to  a  paymaster,  ten;  a  secretary,  eight;  a  barber,  ten,  aud  a  provost, 
six.  Swedish  Documents. 


86  NEW    SWEDEN. 

The  Governor  was  furnished  with  ample  instructions  in  which 
the  course  to  be  pursued  in  the  administration  of  government  was 
fully  set  forth.  -  ^  • 

He  was  directed  to  take  care  concerning  the  limits  of  the  pro- 
vince, and  to  see  that  the  full  extent  of  territory  was  secured,  both 
on  the  eastern,  and  the  western  side  of  the  river.  The  contract 
made  for  lands  on  the  eastern  side  was  to  be  fully  maintained,  in 
order  that  the  English  people  thereon  might  be  attracted  under 
the  authority  and  power  of  her  Majesty.  Yet  the  Governor 
might  endeavour  to  cause  their  removal,  and  for  this  purpose,  "  to 
work  underhand  as  much  as  possible  with  good  manners,  and 
with  success." 

In  relation  to  police,  government  and  justice  were  to  be  admin- 
istered in  the  name  of  her  Majesty,  and  the  Crown  of  Sweden. 

The  Governor  must  decide  all  controversies  according  to  the 
laws,  customs  and  usages  of  Sweden,  and  be  governed  by  these 
also,  in  all  other  things.  He  was  empowered  to  bring  to  obedience 
and  order,  all  mutinous  and  disorderly  persons  who  would  not  live 
in  peace,  and  to  punish  great  offenders,  not  only  by  imprisonment 
and  other  punishment,  but  even  with  death,  yet  not  otherwise  than 
according  to  the  ordinances  and  legal  forms,  and  after  having  con- 
sidered and  examined  the  case,  and  consulted  with  the  most  noted 
and  prudent  persons  he  could  find  in  the  country. 

He  was  to  direct  the  operations  of  the  settlers,  according  to  his 
best  discretion,  so  as  to  secure  a  good  cultivation  of  the  country, 
and  to  promote  the  advantage  and  profit  of  those  interested  therein. 
He  might  choose  a  place  for  his  own  residence,  and  also  a  situa- 
tion for  building  a  fortress,  but  must  pay  particular  attention  that 
by  such  fortress  the  South  River  might  be  shut,  or  commanded. 
He  was  not  to  interfere  with  the  Dutch  in  their  possessions,  and 
was  to  represent  to  them,  that  her  Majesty  had  no  other  than  rea- 
sonable and  just  intentions,  seeking  only  to  occupy  and  use  the 
lands  they  had  purchased  from  the  legitimate  proprietors.  But  if 
the  Dutch  should  show  hostile  intentions,  her  Majesty  (not  being 
able  to  judge  on  the  spot,)  gave  authority  to  the  Governor  to  remove 
all  disputes  by  friendly  negotiation,  and  this  not  succeeding,  "  he 
might  think  of  the  means  of  repelling  force  by  force." 

The  Dutch  colonists  who  had  settled  in  the  province  under 


NEW    SWEDEN.  87 

allegiance  to  the  Crown  of  Sweden,  were  to  retain  the  privileges 
that  had  been  granted  them,  but  they  were  to  be  removed  to  a  greater 
distance  from  Fort  Christina,  if  this  could  be  done  without  actual 
compulsion.  He  was  to  treat  the  natives  with  humanity  and 
mildness,  to  see  that  neither  injustice  or  violence  was  done  them, 
but  on  the  contrary,  to  labor  that  these  people  be  instructed  in  the 
Christian  religion  and  the  divine  service. 

He  was  required,  above  all,  to  labor  and  watch  that  he  might 
render  in  all  things  to  Almighty  God,  the  true  worship  that  is  his 
due,  and  the  glory,  praise  and  homage  which  belong  to  him,  and 
to  take  good  measures  that  divine  service  should  be  performed 
according  to  the  true  confession  of  Augsberg,  the  council  of  Upsal, 
and  the  ceremonies  of  the  Swedish  Church;  having  care  that  all 
men,  and  especially  the  youth,  be  well  instructed  in  all  the  parts 
of  Christianity,  and  that  a  good  ecclesiastical  discipline  be  observed 
and  maintained.  The  Dutch  settlers  might  be  indulged  in  the 
exercise  of  the  Reformed  religion. 

The  Governor  was  exhorted  in  general  terms,  to  comport  him- 
self in  a  manner  becoming  a  faithful  patriot. 

From  these  instructions  an  opinion  may  be  formed,  not  only 
as  to  the  nature  of  the  government  that  was  to  be  established,  but 
also,  as  to  the  claim  of  the  Swedes,  to  the  country  they  occupied. 

No  mention  is  here  made  of  a  treaty  with  the  English,  or  a 
purchase  from  the  Dutch;  the  claim  as  now  presented,  is  only  to. 
lands  that  had  been  purchased  from  the  Indians  who  are  called 
"the  legitimate  proprietors."  But  such  a  claim,  whether  just  in 
itself,  or  not,  could  scarcely  "be  urged  to  much  effect,  by  the 
Swedish  settlers.  No  European  people,  not  even  the  Swedes 
themselves,  had  paid  any  regard  at  their  first  appearance  in  the 
country,  to  the  rights  of  the  natives ;  lands  were  entered  upon 
and  possessed,  without  the  least  attention  to  their  wishes  or  will, 
or  if  their  claim  was  considered  at  all,  it  was  merely  as  an  inci- 
dent that  would  follow  the  superior  right.  According  to  a  principle 
which  had  become  incorporated  into  the  code  of  international  law, 
the  claim  of  the  natives  could  not  be  taken  as  a  foundation  of  title. 
But  had  the  ease  been  otherwise,  had  the  rights  of  the  natives  been 
acknowledged  as  distinct  and  independent,  or  even  superior,  still 
the  Swedes  would  have  gained  but  little  from  such  a  concession. 


88  NEW    SWEDEN. 

These  rights  had  already  been  acquired  by  others.  Such  at  least 
was  the  case  in  regard  to  a  portion  of  the  territory  included  in 
New  Sweden.  Godyn  and  Bloemmaert  had  purchased  lands  on 
both  sides  of  the  Delaware  Bay,  and  the  New  Haven  colony  had 
obtained  a  similar  claim.  The  natives,  it  would  seem,  were  dis- 
posed to  sell,  as  often  as  a  purchaser  appeared. 

The  Government  of  New  Sweden  as  set  forth  in  the  instruc- 
tions of  Governor  Printz,  was  perfectly  simple  in  character.  The 
laws  and  customs  of  the  mother  country  were  to  be  extended  to 
the  province,  but  the  whole  administration  of  law,  both  executive 
and  judicial,  was  placed  in  the  hands  of  a  single  individual,  the 
Governor,  only  that  in  certain  cases  he  was  to  act  with  a  council 
selected  by  himself,  from  the  "most  noted  and  prudent  persons" 
in  the  province.  With  these  limitations,  property,  liberty,  and 
life,  were  entirely  at  his  disposal. 

The  Governor  selected  for  his  residence  a  small  Island  on  the 
Delaware  which  the  natives  called  Tennacong,  (the  name  has  since 
degenerated  into  Tinnicum,)  which  Island  was  afterwards  given  to 
the  Governor  in  fee.  At  this  place  the  Governor  erected  a  number 
of  dwellings,  and  a  fort,  which  he  called  Fort  Gottenberg;  here 
was  the  Capitol  of  New  Sweden. 

Governor  Printz  exhibited  activity  and  vigor  in  the  discharge 
of  his  duties.  He  was  relieved  from  the  necessity  of  carrying  out 
his  instructions  in  regard  to  the  English  colony,  by  the  occur- 
rences that  had  taken  place  before  his  arrival,  but  he  assumed  im- 
mediate control,  in  this  portion  of  the  province.  In  order  to 
provide  against  further  encroachment,  as  well  as  for  the  more 
perfect  fulfilment  of  the  direction  to  "  shut  up  the  Delaware,"  a 
fort  was  erected  on  this  border  of  the  Delaware,  not  far  from  the 
mouth  of  the  Varcken's  Kill.37  Three  forts  were  thus  erected 
upon  the  river,  and  were  sufficiently  armed  and  garrisoned,38  and 

31  This  Fort  was  erected  by  Printe  soon  after  his  arrival ;  it  was  on  the  south 
side  of  Salem  Creek,  (otherwise  called  Varcken's  Kill,)  near  its  junction  with 
the  Delaware.  The  Fort  was  called  Elfsborg,  afterwards,  from  the  number  of 
musquitoes  that  infested  the  place,  it  came  to  be  called  Myggenborg.  The 
name  of  the  Fort  is  still  preserved  in  the  name  Elsingborg  or  Elsingborough 
which  now  belongs  to  a  township  in  the  vicinity. 

'  M  Christina,  Fort  Gottenborg,  and  Elfsborg. 


NEW    SWEDEN.  •  8« 

under  the  management  of  Governor  Printz  the  means  at  com- 
mand would  be  used  to  the  greatest  effect.  He  had  no  reluctance 
to  oppose  "force  to  force."  All  vessels  passing  the  Swedish 
posts  were  compelled  to  cast  their  anchors,  or  lower  their  flags, 
not  excepting,  as  it  is  said,  those  of  the  "noble  West  India.  Com- 
pany," and  some  of  their  vessels  were  injured  by  cannon  balls, 
and  were  in  eminent  danger  of  losing  their  crews.39 

The  internal  administration  of  Governor  Printz  was  positive  and 
rigid,  and  in  some  of  his  acts  he  not  only  exceeded  the  authority 
given  in  his  instructions,  but  assumed  an  independence  of  the  Swed- 
ish government  itself.  Yet  some  reason  may  be  urged  in  extenua- 
tion of  his  course,  at  least  in  regard  to  certain  particulars.  A  design 
was  entertained  by  the  government,  to  use  New  Sweden  as  a  penal 
settlement,  and  a  number  of  convicts  and  other  offenders  were 
sent  to  the  province,  to  be  employed  in  various  ways.40  Go- 
vernor Printz  forbade  a  party  of  these  emigrants  to  land,  and 
compelled  the  commander  of  the  ships  to  carry  them  back  to 
Sweden.  This  assumption  of  power,  however  unwarranted,  was 
probably  the  means  of  arresting  a  policy  which  must  have  proved 
inimical  to  order  and  government,  and  pernicious  to  the  interests 
of  the  province.  Had  it  been  fully  pursued,  the  mother  country 
would  have  been  freed  from  a  number  of  vicious  inhabitants,  but 
New  Sweden  might  have  been  rendered  a  reproach  to  the  parent 
State,  and  a  disgrace  to  the  New  World.41 

It  was  not  to  be  supposed  that  the  authorities  of  New  Nether- 


39  Hudde's  Report. 

10  «The  people  who  went  or  were  sent  from  Sweden  to  America  were  of  two 
kinds ;  the  principal  part  of  them  consisted  of  the  company's  servants,  who  were 
employed  by  them  in  various  ways ;  the  others  were  those  who  went  to  the 
country  to  better  their  fortunes;  they  enjoyed  several  privileges,  they  were  at 
liberty  to  build  and  settle  where  they  thought  proper,  and  to  return  home  when 
they  pleased.  There  was  a  third  class  consisting  of  malefactors  and  vagabonds. 
These  were  to  remain  in  slavery,  and  were  employed  in  digging  the  earth, 
throwing  up  trenches,  and  erecting  walls  and  other  fortifications ;  the  others  had 
no  intercourse  with  them,  but  a  particular  spot  was  chosen  for  them  to  reside 
upon."  Campanius. 

41  For  some  years  the  Government  continued  to  send  convicts  to  New  Sweden, 
but  not  in  great  numbers. 
12 


90  NEW    SWEDEN. 

land  would  finally  submit,  and  allow  the  country  they  had  claimed 
and  held,  entirely  to  pass  from  under  their  control.  They  had  not 
attacked  the  English  upon  the  Delaware  and  the  Schuylkill,  in 
order  that  the  advantages  obtained,  might  be  held  by  the  Swedes ; 
and  the  positive  and  forcible  measures  of  Printz,  though  causing 
delay,  were  not  such  as  to  secure  submission. 

In  1646,  Van  Ilpendam,  the  Commandant  of  Fort  Nassau,  fell 
under  the  suspicion  of  want  of  fidelity,  and  in  consequence,  was  re- 
moved from  his  place ;  but  not  long  afterwards  Andreas  Hudde  was 
ordered  to  the  Delaware,  and  directed  to  assume  the  principal  com- 
mand. Hudde  was  active  and  vigilant,  and  speedily  adopted  mea- 
sures for  regaining  possession  of  the  country,  and  for  the  recovery 
of  trade.  A  principal  means  by  which  the  Swedes  and  the  Dutch 
conducted  their  opposition,  was  the  agreements  they  made  with  the 
Indian  tribes ;  by  these,  new  claims  were  acquired  to  portions  of 
land,  and  also  to  certain  privileges  in  traffic.  In  the  pursuance  of  this 
singular  strife,  the  Dutch  became  possessed  of  portions  of  territory 
near  to  the  seat  of  Swedish  authority,  and  the  arms  and  insignia 
of  the  West  India  Company  were  erected  thereon.42  This  pro- 
ceeding excited  immediate  opposition  on  the  part  of  the  Swedes ; 
the  offensive  ensign  was  torn  to  the  ground,  and  Governor  Printz 
declared,  that  he  would  have  done  the  same  had  it  been  the  colors 
of  their  High  Mightineses,  the  States  General  of  Holland.  He 
also  addressed  a  protest  to  Hudde,  warning  him  "to  discontinue 
the  injuries  of  which  he  had  been  guilty  against  the  Royal  Majes- 
ty of  Sweden,  my  most  gracious  Queen;  not  showing  the  least 
respect  to  her  Royal  Majesty's  magnificence,  reputation,  and 
dignity."  Hudde  disclaimed  all  intention  of  encroaching  on  the 
rights  of  the  Swedes.  "The  place  we  .possess,"  he  said,  "we 
held  in  just  deed,  perhaps  before  the  name  of  the  South  River  was 
heard  of  in  Sweden."  Angry  contention  only  short  of  actual 
violence  ensued.  Printz  was  imperious  and  passionate,  and 


43  In  pursuance  of  special  direction,  Hudde  had  purchased  of  the  natives  a 
tract  of  land  on  the  western  shore,  "about  a  mile  distant  from  Fort  Nassau,  to 
the  north."  It  is  supposed  to  have  been  the  site  on  which  the  city  of  Phila- 
delphia now  stands.  See  Ferris's  Settlement  on  the  Delaware,  p.  74. 


NEW    SWEDEN.  91 

Hudde  unyielding  and  positive.  But  the  crisis  which  seemed  to 
be  threatened  was  deferred  for  a  time. 

The  situation  of  affairs  in  New  Netherland  at  this  juncture,  was 
not  favorable  to  a  vigorous  prosecution  of  its  claims,  and  the  repre- 
sentations and  demands  of  the  Commandant  on  the  Delaware,  call- 
ing for  assistance  and  support,  did  not  meet  with  a  ready  response. 
Director  Keift  had  become  involved  in  difficulties  which  for  the 
time,  diverted  attention  from  the  encroachments  of  the  Swedes; 
the  resources  of  his  province  were  consumed  by  the  long  con- 
tinuance of  the  Indian  war ;  much  dissatisfaction  with  his  measures 
was  felt  and  expressed  by  his  own  people,  and  the  English  upon 
his  northern  possessions  continued  to  strengthen  their  settlements, 
and  to  urge  their  claims. 

The  people  at  New  Haven  had  been  greatly  excited  on  ac- 
count of  the  destruction  of  their  colony  on  the  Delaware,  by  the 
Dutch  and  the  Swedes,  and  measures  had  been  immediately 
adopted  for  obtaining  redress.  A  statement  setting  forth  the  in- 
juries they  had  sustained,  was  introduced  to  the  notice  of  the 
Commissioners  of  the  United  Colonies  of  New  England,  and  the 
subject  was  presently  taken  up  in  that  body.43  Upon  full  con- 
sideration, it  was  resolved,  that  letters  should  be  directed  to  the 
offending  parties,  reciting  the  facts,  and  demanding  satisfaction.44 
Accordingly,  in  September,  1643,  letters  were  written  both  to 
Governor  Keift,  and  Governor  Printz;  these  letters  were  signed 
by  John  Winthrop,  Governor  of  Massachusetts  colony,  and  Pre- 
sident of  the  Commissioners  for  the  United  Colonies  of  New 


43  The  union  between  the  several  colonies  of  New  England  was  formed  in 
1643.  It  was  designed  for  mutual  defence  against  the  Savages,  and  for  protec- 
tion and  security  against  the  claims  and  encroachments  of  the  Dutch.  The 
parties  to  the  confederacy  were  Massachusetts,  New  Plymouth,  Connecticut  and 
New  Haven.  By  the  articles  of  confederation,  the  colonies  entered  into  "a 
firm  and  perpetual  league  of  friendship  and  amity  for  offence  and  defence,  mutual 
advice  and  succour  upon  all  just  occasions,  both  for  preserving  and  propogating 
the  truth  and  liberties  of  the  Gospel,  and  for  their  own  defence  and  welfare." 
The  aflairs  of  the  United  Colonies  were  to  be  managed  by  a  legislature  to  con- 
sist of  two  persons,  to  be  styled  Commissioners,  to  be  chosen  by  each  colony. 
It  was  to  this  legislature  that  the  application  from  New  Haven  was  made. 
44  For  the  recital,  see  note,  p.  71. 


92  NEW    SWEDEN. 

England.  Some  months  afterwards  answers  were  received  from 
each  of  these  parties,  but  they  were  evasive,  and  gave  little  satis- 
faction, and  the  New  Haven  colonists  were  obliged  to  await  a 
more  favorable  opportunity  for  the  pursuance  of  their  claims  in 
this  particular  case.  But  in  1646  they  made  a  new  acquisition, 
purchasing  lands  not  far  from  the  Hudson  River,  and  erecting  a 
fort ;  by  this  movement  a  long  altercation  was  brought  on,  be- 
tween Director  Keift,  and  Eaton,  the  Governor  of  New  Haven. 
The  former  declared  "that  we  are  forced  again  to  protest  and  by 
these  presents  we  do  protest,  against  you  as  breakers  of  the  peace, 
and  disturbers  of  the  public  quiet,"  and  he  also  threatened,  that 
unless  the  New  Haven  people  should  restore  the  places  they  had 
taken,  and  repair  the  losses  the  Dutch  had  experienced,  the  latter 
people  would  manfully  recover  them  by  such  means  as  were 
within  their  power,  and  would  hold  the  English  responsible  for 
all  the  evils  that  should  ensue.  In  his  answer,  Governor  Eaton 
denied  that  he  had  entered  upon  lands  to  which  the  Dutch  had 
any  known  title,  he  alluded  to  the  injuries  and  outrages  done  to 
the  people  of  New  Haven,  both  at  the  Manhattans  and  on  the 
Delaware,  and  concluded  with  an  offer  to  refer  all  difficulties 
between  his  people,  and  the  Dutch,  to  the  decision  of  any  compe- 
tent authority,  either  in  America  or  in  Europe.  Not  long  after- 
wards the  correspondence  between  these  parties  was  laid  before 
~the  Commissioners  of  the  New  England  Colonies,  at  a  meeting 
held  at  New  Haven,  and  the  matter  at  issue,  together  with  other 
differences  between  the  English,  and  the  Dutch,  became  subjects 
of  earnest  attention.  The  Commissioners  afterwards  addressed 
a  letter  to  Director  Keift,  mentioning  the  difficulties  that  had  oc- 
curred on  the  Connecticut  River,  and  also  the  recent  proceedings 
of  their  confederates  of  New  Haven,  and  expressed  an  opinion  that 
the  answer  of  Governor  Eaton,  was  fair  and  just.  The  final 
reply  of  Director  Keift  was  expressed  in  terms  of  far  more  vehe- 
mance,  than  strength,  yet  it  seemed  to  proceed  from  a  real  convic- 
tion that  there  was  justice  in  his  claim.45 

But  the  administration  of  Director  Keift  was  drawing  to  its 


"  O'Callaghen,  p.  385. 


NEW    SWEDEN.  93 

close.  Strong  complaints  had  been  made  against  him,  and  trans- 
mitted to  the  Directors  of  the  West  India  Company;  he  was 
charged  not  only  with  mismanagement,  but  also  with  the  greatest 
abuse  of  his  powers.  It  is  certain  that  the  course  he  pursued 
brought  serious  misfortunes  upon  the  province.  In  the  war  with  the 
Indians  the  population  was  reduced,  and  debt  was  incurred,  and  in 
consequence  the  colonists  were  subjected  to  numerous  and  heavy 
exactions.  His  own  people  became  enfeebled,  whilst  the  neigh- 
boring colonies  were  waxing  in  strength.  The  Governor  was 
active,  but  his  activity  frequently  ran  into  rashness,  and  his  zeal 
was  of  a  kind  that  often  wore  the  appearance  of  passionate  impulse. 
Keift  was  removed  from  office  in  1646,  and  in  the  following 
year  departed  from  the  province  to  return  to  Holland;  but  the  ship 
with  all  on  board  were  lost  on  the  voyage. 


CHAPTER  VI. 


NEW    NETHERLAND,    NEW    SWEDEN,    AND    NEW    ENGLAND. 


PETER  STUYVESANT  was  next  appointed  as  Director  in  Chief  in 
New  Netherland.  His  commission  was  dated  on  the  26th  of  July, 
1646,  and  included  the  province  of  New  Netherland,  and  the 
Islands  of  Curacoa,  Bonaire  and  Aruba,  on  the  Spanish  Main. 
He  arrived  in  the  country  in  May,  1647.  He  had  long  been 
employed  as  a  military  officer  in  the  service  of  Holland,  and  was 
reputed  to  be  courageous,  prudent  and  firm. 

.  At  an  early  period  the  new  Director  applied  himself  to  a  re- 
moval of  the  difficulties  and  dangers  with  which  the  province  was 
surrounded,  from  the  hostile  dispositions  of  the  Indians,  and  the 
doubtful  attitude  of  the  English,  and  the  Swedes.  He  concluded 
a  treaty  of  peace  with  the  natives  which  continued  unbroken 
during  the  whole  of  his  administration.1  But  the  differences  with 
the  English  were  not  of  a  nature  to  be  readily  terminated  ;  at  this 
time,  the  principal  matters  in  dispute  related  to  the  claims  of  New 
Haven  and  Connecticut,  to  the  ownership,  and  exclusive  posses- 
sion of  lands. 

The  New  Haven  people  were  not  disposed  to  relinquish  the 
claims  they  had  advanced  to  lands  upon  the  Delaware,  and  in 
1649,  Governor  Eaton,  on  behalf  of  the  colony,  made  a  new  ap- 
plication to  the  New  England  Commissioners.  He  proposed  that 
effectual  measures  should  be  immediately  adopted  for  securing  the 
rights  of  New  Haven,  by  taking  possession  of  the  territory  in 
question,  and  planting  colonies  thereon.  The  Commissioners  did 
not  agree  at  the  time,  to  engage  in  any  attempt  for  the  purpose 
proposed,  but  they  recognized  the  rights  of  the  people  of  New 

1  Frost's  History,  vol.  2,,  p.  47. 


NEW    NETHERLAND.  95 

Haven  to  lands  on  the  Delaware,  and  left  the  owners  at  liberty  to 
cultivate  their  interests  therein,  in  such  manner  as  they  should 
deem  proper.2 

The  Director  of  New  Netherland  did  not  fail  to  perceive  that 
the  aspect  of  affairs  was  threatening,  and  he  endeavored  to  pro- 
vide for  the  danger.  Application  was  made  to  the  West  India 
Company,  for  the  necessary  authority  and  aid,  but  the  corporation 
refused  to  give  sanction  to  any  measures  of  violence  or  force. 
"War,"  they  said,  "cannot  in  any  event  be  to  our  advantage;  the 
New  England  people  are  too  powerful  for  us."3 

Negotiation  was  therefore  resorted  to,  and  Stuyvesant  himself, 
repaired  to  Hartford  in  order  to  effect  an  adjustment  of  the  points 
in  dispute.  A  conference  with  the  Commissioners  led  to  a  resolve 
that  Delegates  should  be  appointed  who  were  to  represent  the  in- 
terests of  their  respective  parties,  and  to  devise  some  plan  of  agree- 
ment. After  long  discussions,  articles  of  agreement  were  con- 
cluded upon  by  the  delegates,  on  the  19th  of  September,  1650. 


2  Extract  from  the  proceedings  of  an  extraordinary  meeting  of  the  Commis- 
sioners for  the  United  Colonies,  held  at  Boston,  July  23d.,  1649. 

'From  New  Haven  general  court,  it  was  propounded  to  the  Commissioners 
what  course  might  be  taken  for  the  speedy  planting  of  Delaware  Bay.  The 
title  some  merchants  at  New  Haven  have  by  purchase  from  the  Indians,  to  con- 
siderable tracts  of  lands  on  both  sides  of  the  river,  was  opened;  and  the  Com- 
missioners did  read  and  consider  what  had  passed  at  a  former  meeting  of  theirs,  in 
Anno  Domini  1643.  A  writing  delivered  into  New  Haven  Court,  by  Mr.  Leech, 
concerning  the  healthfulness  of  the  place,  the  goodness  of  the  land,  conveniency 
of  the  lesser  rivers,  with  the  advantage  of  a  well  ordered  trade  there,  was  also 
perused.  The  Commissioners  with  the  premisses  considering  the  present  state 
of  the  colonies,  the  English  in  most  plantations  already  wanting  hands  to  carry 
on  their  necessary  occasions,  thought  fit  not  to  send  forth  men  to  possess  and 
plant  Delaware,  nor  by  any  public  act  or  consent,  to  encourage,  or  allow  the 
planting  thereof;  and  if  any  shall  voluntarily  go  from  any  of  the  colonies  to 
Delaware,  and  shall  without  leave  and  consent  of  New  Haven,  sit  down  upon 
any  part  or  parts  thereof,  or  in  any  other  respect  shall  be  injurious  to  them  in 
their  title  and  interests  there,  the  colonies  will  neither  protect  nor  own  them 
therein.  The  New  Haven  merchants  being  notwithstanding  left  to  their  just 
liberty,  to  dispose,  improve,  or  plant  the  land  they  have  purchased  in  those  parts 
or  any  part  thereof  as  they  shall  see  cause.  Hazard's  Register,  voL  1.,  p.  17. 
3  Bancroft's  History,  vol.  2.,  p.  295. 


yb  NEW    NETHERLAND. 

This  agreement  was  in  the  nature  of  a  provisional  treaty,  to  be 
confirmed  by  the  respective  governments  in  Europe.  It  gave  to 
the  English  the  whole  of  the  territory  on  the  Connecticut  River, 
except  such  portions  as  were  actually  possessed  by  the  Dutch. 
Long  Island  was  also  divided  between  the  two  nations.4 

In  regard  to  the  interests  of  the  New  Haven  claimants,  the 
agreement  was  quite  indecisive ;  it  left  the  matters  in  issue  nearly 
in  their  original  condition.  It  was  stated  that  for  the  time,  the 
parties  were  left  at  liberty  to  improve  their  interests  for  planting 
and  trading  as  they  should  see  cause.5 


4  Frost's  History,  vol.  2.,  p.  47,  Bancroft's  History,  vol  2.,  p.  295. 

1  Articles  of  agreement  made  and  concluded  at  Hartford  upon  Connecticut, 

September  19th,  1650,  betwixt  the  delegates  of  the  honored  Commissioners  of 

the  United  English  Colonies,  and  the  delegates  of  Peter  Stuyvesant,  Governor 

General  of  New  Netherland. 

1.  Upon  serious  consideration  of  the  difference  and  grievances  propounded  by 
the  two  English  colonies  of  Connecticut  and  New  Haven,  and  the  answer  made 
by  the  honored  Dutch  Governor,  Peter  Stuyvesant,  Esq.    According  to  the  trust 
and  power  committed  unto  us  as  Arbitrators  or  Delegates  betwixt  the  said  parties, 
we  find  that  most  of  the  offences  or  grievances  were  things  done  in  the  time  and 
by  the  order  and  command  of  Monsieur  William  Keift,  the  former  Governor,  and 
that  the  present  honored  Governor,  is  not  duly  prepared  to  make  answer  to  them ; 
we  therefore  think  meet  to  respite  the  full  consideration  and  judgment  concerning 
them,  till  the  present  Governor  may  acquaint  the  High  and  Mighty  States  and 
West  India  Company,  with  the  particulars,  that  so  due  reparation  may  accord- 
ingly be  made. 

2.  The  Commissioners  of  New  Haven  complained  of  several  high  and  hostile 
injuries  which  they  and  others  of  that  jurisdiction  have  received  from  and  by 
order  of  the  aforesaid  Monsieur  Keift,  in  Delaware  Bay  and  River,  and  in  their 
return  thence   as  by  their  former  propositions  and  complaints  may  more  fully 
appear;  and  beside  the  English  right  claimed  by  a  patent,  presented  and  showed 
several  purchases  they  have  made  on  both  sides  the  River  and  Bay  of  Delaware 
of  several  large  tracts  of  land  unto  and  somewhat  above  the  Dutch  house  or  fort 
there,  with  a  consideration  given  to  the  said  Sachems  and  their  companies,  for 
the  same  acknowledged  and  cleared  by  the  hands  of  the  Indians,  whom  they 
affirmed  were  the  true  proprietors,  testified  by  many  witnesses ;  they  also  affirmed 
that  according   to  their  apprehensions,  they  have  sustained  £1000  damages, 
partly  by  the  Swedish  Governor  but  chiefly  by  order  from  Monsieur  Keift,  and 
therefore  required  due  satisfaction  and  a  peaceable  possession  of  the  aforesaid 
lands  to  enjoy  and  improve  according  to  their  just  right.     The  Dutch  Governor 


NEW    NETHERLAND.  97 

Under  these  circumstances,  the  New  Haven  colony  resolved 
that  another  attempt  should  be  made  to  establish  themselves  upon 
their  territory,  and  early  on  the  following  year  a  company  departed 
for  the  Delaware.  They  had  received  a  commission  from  Governor 
Eaton,  who  also  wrote  an  amicable  letter  to  the  Governor  of  New 
Netherland,  giving  him  information  of  the  object  in  view,  and  also 
stating,  that  in  accordance  with  the  agreement  at  Hartford,  the  set- 
tlers would  occupy  their  own  lands,  and  give  no  disturbance  to 
others.  But  Director  Stuyvesant  was  resolved  that  no  advantage 
should  be  drawn  by  his  opponents  from  the  treaty  that  had  been 
made,  and  when  the  English  presented  themselves  at  the  Manhat- 
tans, he  immediately  caused  them  to  be  arrested,  and  their  vessel 
secured.  He  also  compelled  them  to  enter  into  an  engagement  not 
to  proceed  to  the  Delaware,  and  threatened,  that  if  any  English 
should  be  found  there,  they  should  be  seized,  and  sent  prisoners 
to  Holland.  The  company  were  without  the  means  of  resistance, 
and  were  obliged  to  return  to  New  Haven. 

Directly  upon  their  return,  a  petition  was  prepared  and  addressed 
to  the  Commissioners  of  the  United  Colonies,  setting  forth  the  in- 
jury that  had  been  done  by  the  Dutch,  and  asking  that  some  course 
should  be  adopted,  for  defending  the.  property  and  persons  of  the 
petitioners,  and  for  maintaining  "the  honor  of  the  English  nation."6 


by  way  of  answer,  affirmed  and  asserted  the  right  and  title  to  Delaware  or  the 
South  River,  as  they  call  it,  and  to  the  lands  there  as  belonging  to  the  High 
and  Mighty  States  and  the  West  India  Company,  and  professed  that  he  must 
protest  against  any  other  claim;  but  is  not  provided  to  make  any  such  proofs  as 
in  such  a  treaty  might  be  expected,  nor  had  he  commission  to  treat  or  conclude 
any  thing  therein ;  upon  consideration  whereof,  we  the  said  Arbitrators  or  Dele- 
gates wanting  sufficient  light  to  issue  or  determine  any  thing  on  the  premises, 
are  necessitated  to  leave  both  parties  in  statu  quo  prius  to  plead  and  improve 
their  just  interests  at  Delaware  for  planting  and  trading  as  they  shall  see  cause; 
only  we  desire  that  all  proceedings  there  as  in  other  places,  may  be  carried  on 
in  love  and  peace,  till  the  right  may  be  further  considered  and  justly  issued 
either  in  Europe  or  here,  by  the  two  States  of  England  and  Holland." 

The  agreement  made  by  the  colonies  was  never  ratified.  It  was  assented  to 
by  the  Government  of  Holland,  but  was  not  confirmed  in  England. — Bancroft. 
'  "  To  The  Honored  Commissioners  for  the  United  Colonies  now  assembled  at 
New  Haven: 

"  The  Honorable  Petition  of  Jasper  Graine,  William  Tuttill  and  many 
13 


NEW    NETHERLAN0. 

After  considering  the  matters  presented  in  the  petition,  the  Com- 
missioners resolved,  that  a  letter  should  be  directed  in  their  name, 
to  the  Director  of  New  Netherland.  In  this  communication  they 
stated,  that  the  conduct  of  Stuyvesant  was  regarded  by  all  the 
colonies  as  directly  contrary  to  the  agreement  he  had  made ;  that 
the  New  Haven  settlers  had  only  designed  to  improve  their  just 
rights,  and  that  the  terms  of  the  treaty  expressly  allowed  of  plant- 
ing and  trading  upon  lands,  as  the  parties  might  choose.  They 
also  demanded  that  satisfaction  should  be  made  to  their  friends 
and  confederates,  for  the  damage  that  had  been  done.  But  the 
Commissioners  informed  the  people  of  New  Haven,  that  they  did 
not  think  meet  at  the  time,  to  enter  into  any  engagement  against 


other  inhabitants  of  New  Haven  and  Sotocket."  After  some  preface  the  Petition 
proceeds,  "  and  whereas  your  petitioners  streightened  in  the  respective  planta- 
tions, and  finding  this  part  of  the  country  full,  or  affording  little  encouragement 
to  begin  any  new  plantations  for  their  own  comfort  and  convenience  of  posterity, 
did  upon  a  serious  consideration  of  the  premises  and  upon  encouragement  of  the 
treaty  between  the  honorable  Commissioners  and  the  Dutch  Governor,  the  last 
year  at  Connecticut  by  agreement  and  with  consent  of  the  said  merchants  and 
others,  resolve  upon  a  more  difficult  remove  to  Delaware ;  hoping  that  our  aims 
and  endeavours  would  be  acceptable  to  God  and  to  his  people  in  these  colonies, 
being  assured  our  title  to  the  place  was  just ;  and  resolving  (through  the  help  of 
God)  in  all  our  carriages  and  proceeding,  to  hold  and  maintain  a  neighborly  cor- 
respondence both  with  the  Dutch  and  Swedes,  as  was  assured  them  both  by  the 
tenor  of  the  Commissioners,  and  by  letters  of  the  honored  Governor  of  this 
jurisdiction;  to  these  ends,  and  with  these  purposes  preparations  were  made, 
in  the  winter,  a  vessel  was  hired,  and  at  least  fifty  of  us  set  forward  in  the  spring 
and  expecting  the  fruit  of  that  wholesome  advice  given  at  Hartford  the  last 
year  in  the  case  by  the  Manhattoes,  which  we  might  have  avoided,  and  from 
our  honored  governor  presented  a  letter  to  the  Dutch  Governor,  upon  perusal 
whereof,  (without  further  provocation)  he  arrested  the  two  messengers  and 
committed  them  to  a  private  house,  prisoners  under  a  guard,  that  done,  he  sent 
for  the  master  of  the  vessel  to  come  on  shore  to  speak  with  him,  and  committed 
him  also,  after  which  two  more  of  the  company  coming  on  shore  and  desiring 
to  speak  with  their  neighbors  under  restraint,  he  committed  them  as  the  rest, 
then  desiring  to  see  our  commissions  and  copy  them  out,  promising  to  return 
them  the  next  day,  though  the  copies  were  taken,  and  the  commissions  demanded, 
he  refused  to  deliver  them,  and  kept  them,  and  the  men  imprisoned  till  they 
were  forced  to  engage  under  their  hands  not  to  proceed  on  their  voyage  to  the 
Delaware,  but  with  loss  of  time  and  charge,  to  return  to  New  Haven."  &c. 


NEW    NETHERLAND.  »  99 

the  Dutch,  choosing  rather  "to  suffer  affronts  for  a  while  than  1o 
seem  to  be  too  quick;"  yet  if  the  petitioners  should  think  proper 
to  attempt  the  improvement  of  their  lands  at  any  time  within 
twelve  months,  and  for  that  purpose,  should,  at  their  own  charge 
transport  together  one  hundred  and  fifty,  or  at  least  one  hundred 
able  men,  armed  in  a  proper  manner,  that  in  case  they  should 
meet  with  any  opposition  from  the  Dutch,  or  the  Swedes,  the 
Commissioners  would  assist  them  with  such  a  number  of  men  as 
should  be  thought  meet. 

But  the  Director  of  New  Netherland  stood  firm  to  his  purpose. 
He  insisted  that  according  to  the  terms  of  agreement,  affairs  were 
to  remain  in  their  former  state,  and  that  no  improvement  should 
be  made  which  would  change,  in  any  respect,  the  rights  of  the 
claimants ;  and  he  declared  in  a  letter  to  Governor  Eaton,  that  he 
would  resist,  even  to  the  last  extremity,  any  attempt  to  settle  or 
plant  upon  the  lands  in  dispute. 

The  people  of  New  Haven  made  various  attempts  to  strengthen 
their  interests,  and  to  maintain  their  claims,  they  applied  to  their 
confederates  both  singly,  and  in  union,  but  no  decisive  result  was 
obtained;  the  opposition  between  New  England,  and  New  Neth- 
erland was  constantly  increasing  in  strength,  but  the  period  of 
crisis  had  not  yet  arrived. 

The  attention  of  Governor  Stuyvesant  was  now  directed  to 
making  provision  for  the  vindication  of  the  claims  of  the  Dutch, 
against  the  demands  and  advances  of  the  Swedes.  The  latter 
people  continued  to  hold  possession  upon  the  Delaware ;  they  had 
secured  a  great  portion  of  the  trade  of  the  country,  and  had  com- 
pelled the  Dutch  to  submit  to  numerous  indignities.  But  Stuyvesant 
was  little  disposed  to  passive  submission,  or  further  forbearance. 
By  his  direction,  a  tract  of  land  was  purchased  from  the  Indians,  in 
the  name  of  the  States  General  and  the  West  India  Company,  lying 
between  Christina  Creek  and  Bomptie's  Hook,  and  by  this  move- 
ment an  opportunity  was  given  to  the  Dutch,  to  penetrate  nearly 
to  the  heart  of  the  Swedish  settlements.7  Preparations  were  also 
made  for  erecting  a  fort. 


'  This  purchase  was  made  on  the  19th  of  July, 


100  NEW    NETHERLAND. 

These  vigorous  proceedings  gave  much  alarm  to  the  Swedish 
authorities ;  and  Governor  Printz  immediately  protested  against 
them ;  the  lands,  he  said,  were  the  property  of  the  Swedes,  by 
rightful  purchase.  But  no  more  regard  was  paid  to  the  Swedish 
protest,  than  a  similar  instrument  had  formerly  received,  from  the 
Swedes  themselves ;  the  Dutch  persisted  in  their  course,  and  soon 
completed  their  fort;  it  was  placed  but  a  few  miles  from  the 
primitive  seat  of  Swedish  authority.  It  was  called  Fort  Casimer. 

Governor  Printz  had  sufficient  discernment  to  perceive,  that  his 
authority  would  be  wholly  and  quickly  subverted,  unless  the 
movements  of  the  Dutch  could  be  checked;  he  therefore  des- 
patched some  agents  to  Sweden,  with  orders  that  full  information 
should  be  given  to  the  government,  of  his  perilous  condition.8 
But  before  the  support  he  required,  could  be  expected  to  arrive,  the 
Governor,  who  was  hasty  and  impatient,  became  wearied  with 
delay,  and  resolved  to  depart  from  the  province.  He  had  formerly 
intimated  a  desire  to  relinquish  the  government,  and  his  present 
departure  was  probably  in  pursuance  of  his  previous  design,  yet 
the  abandonment  of  his  post  at  the  present  conjuncture,  was  not 
calculated  to  confirm  the  opinion  which  his  superiors  seem  to 
have  held,  in  favor  of  his  character  and  conduct.  He  had  rendered 
himself  unpopular  in  the  province  by  his  rigorous  exercise  of 
power.  He  departed  in  1653,  and  deputed  his  authority  to  his 
son-in-law,  John  Pappegoia.9 

In  the  mean  time,  before  it  was  known  in  Sweden,  that  Printz 
had  surrendered  the  government,  measures  were  adopted  for  the 
releif  of  the  province,  and  an  assistant  to  the  Governor  appointed. 
The  individual  who  was  chosen  for  this  situation  was  John 
Rysing.10  He  received  his  commission  in  1653,  and  ample  in- 


*  Ferris'  Settlements,  p.  79.  '  Clay's  Annals,  p.  25. 

""Upsul,  Dec.  12///,  1653. 

"  We  Christina,  &c.  make  known  that  having  elected  our  very  faithful  sub- 
ject John  Rysing,  formerly  Secretary  of  the  General  College  of  Commerce,  to 
make  a  voyage  to  New  Sweden,  in  order  there  to  aid  for  a  certain  period  our 
present  Governor  of  the  said  country,  agreeably  to  the  orders  and  instructions 
which  he  has  received  from  the  said  College,  and  being  willing  that  in  conse- 
quence of  the  hazard  and  fatigue  he  will  experience  during  so  long  a  voyage — 


NEW    NETHERDAND.  101 

structions  were  also  given,  directing  the  course  to  be  pursued  by 
the  government. 

The  Governor  was  directed  to  be  careful  that  the  South  River 
should  be  fortified,  protected  and  defended,  as  far  as  practicable. 
He  was  to  extend  the  limits  of  the  country,  if  this  could  be  done 
with  prudence  and  propriety,  without  hostility,  or  any  risk  to 
what  was  already  possessed.  With  respect  to  the  fortress  that 
the  Dutch,  had  built  upon  the  coast,  (Fort  Casimer,)  if  he  could 
not  induce  them  to  abandon  it  by  argument,  and  serious  remon- 
strances, and  without  resorting  to  hostilities,  he  should  avoid  the 
latter,  and  confine  himself  solely  to  protestations;  suffering  the 
Dutch  to  occupy  the  fortress,  rather  than  it  should  fall  into  the 
hands  of  the  English,  who  it  was  said  were  more  powerful, 
and  therefore  more  to  be  dreaded  in  the  country.  But  it  would 
be  proper  to  construct  a  fortress  nearer  the  mouth  of  the  river, 
below  that  of  the  Dutch,.in  order  to  defend  the  passage,  and  render 
theirs  useless.  But  the  mildest  measures  only,  were  to  be  em- 
ployed. 

To  encourage  the  cultivation  of  land  in  New  Sweden,  her 
Majesty  resolved  and  ordained,  and  the  Governor  on  the  part  of 
her  Majesty,  was  to  give  assurance,  that  all  who  should  wish  to 
purchase  either  from  the  company,  or  the  savages,  as  her  subjects, 
recognizing  the  jurisdiction  of  the  Crown  of  Sweden,  should  enjoy 
in  respect  to  the  lands  thus  purchased,  all  franchises  and  allodial 
privileges,  both  themselves  and  their  descendants,  forever;  being 
assured  that  they  should  be  admitted  into  the  company,  or  other- 
wise secured  in  the  franchises  aforesaid.  Nevertheless,  no  one 
should  enter  into  possession  of  land  without  the  sanction  of  the 
Governor,  in  order  that  no  one  should  be  deprived  improperly, 
of  what  he  already  possessed. 


that  his  pay  and  support  be  there  rendered  therein,  we  command  that  the 
Sieur  John  Rysing,  in  virtue  of  this  letter  patent,  and  in  the  capacity  of  Com- 
missary of  the  said  General  College  of  Commerce,  shall  receive  annually  the 
sum  of  Twelve  Humdred  Dollars  in  silver,  in  addition  to  the  special  appoint- 
ments which  he  may  receive  from  the  Company  of  the  South."  Rysing  also 
received  the  sum  of  One  Hundred  Rix  Dollars  for  his  equipment  and  voyage. 

Hazard's  Register. 


102  NEW    NETHERLAND. 

Some  changes  were  also  made  in  the  Constitution  of  the  Go- 
vernment. The  military,  was  separated  from  the  civil  department, 
and  provision  was  made  for  a  permanent  Council,  to  act  with  the 
Governor. 

It  was  ordered,  that  before  the  present  Governor  should  leave 
the  country,  he  should  render  to  the  Commissary  Rysing,  an  exact 
account  of  all  the  affairs  of  justice  and  police,  and  of  the  revenues 
of  the  company,  and  all  similar  matters.  That  he  should  in  the 
mean  time,  and  until  new  orders  were  received,  resign  into  the 
hands  of  John  Amundson,  (who  went  out  at  the  same  time  with 
Rysing,)  all  that  relates  to  the  military,  and  to  the  defence  of  the 
country;  establishing  also  a  Council  formed  of  the  best  instructed 
and  most  noble  officers  in  the  country,  of  which  Rysing  should 
be  Director,  in  such  manner  however,  that  neither  he  in  his 
charge,  or  John  Amundson,  as  governor  of  militia,  in  his,  should 
decide  or  approve  any  thing  without  reciprocally  consulting  each 
other.  The  Governor,  in  case  of  his  leaving  the  country,  should 
give  written  instructions  to  the  subordinate  officers,  in  order,  that 
the  government  might  be  duly  administered.  But  if  the  Governor 
should  remain  longer  in  the  province,  he  should  accept  as  Com- 
missary, and  Assistant  Counsellor,  the  aforesaid  John  Rysing, 
and  for  the  Council  those  whom  he  should  judge  the  most  proper; 
and  that  all  affairs  should  be  decided  after  due  deliberation,  and 
with  unanimous  agreement. 

Upon  the  arrival  of  Rysing,  it  was  found  that  the  Governor  had 
already  departed,  and  had  left  authority  in  the  hands  of  Pappegoia. 
The  latter  was  superseded  upon  the  arrival  of  Rysing,  and  after 
remaining  for  a  time  in  a  subordinate  situation,  departed  from  the 
province. 

Rysing,  who  was  now  the  principal  in  command,  assumed  the 
title  of  Governor,  or  Director  General,  and  with  it,  a  degree  of 
authority  not  warranted  by  the  instructions  that  had  been  given. 
The  direction  of  military  affairs,  and  all  that  related  thereto,  had 
been  expressly  assigned  to  another  individual,  but  Rysing  retained 
the  entire  control;  he  also  proceeded  to  exercise  his  powers  in  a 
prohibited  case.  The  instructions  he  had  brought  to  the  province, 
directly  forbade  that  any  hostile  attempt  should  be  made  to  effect 
the  removal  of  the  Dutch,  from  their  fort  on  the  coast.  But  Rysing 


NEW    NETHERLAND.  103 

resolved  upon  a  different  course,  and  an  attack  upon  Fort  Casimer 
was  one  of  his  earliest  acts.11  He  landed  a  company  of  thirty 
men,  advanced  to  the  fort,  and  gaining  admittance  either  by  false- 
hood or  force,  demanded  an  immediate  surrender.12  The  Com- 
mander was  not  in  possession  of  the  means  of  resistance,  and  was 
compelled  to  yield  up  the  post ;  all  persons  in  the  fort  were  allowed 
to  depart,  but  if  any  should  choose  to  remain,  they  were  promised 
that  full  protection  should  be  given  them,  upon  taking  an  oath  of 
allegiance  to  the  Crown  of  Sweden.  The  reduction  of  Fort 
Casimer  having  been  effected  on  Trinity  Sunday,  the  captors 
gave  to  the  works  the  name  of  Trinity  Fort. 

After  this  conquest,  Commander  Rysing  applied  himself  to 
strengthen  and  secure  the  Swedish  authority,  in  the  province. 
Fort  Casimer,  or  Trinity  Fort,  was  rebuilt  and  extended,  and 
measures  were  adopted  for  placing  the  people  in  friendly  relations 
with  the  Indian  tribes.  To  these  transactions  a  period  of  calm 
succeeded,  which  some  historians  have  interpreted  as  a  proof,  that 
an  agreement  had  been  entered  into  between  the  Dutch,  and  the 
Swedes,  in  which  the  several  matters  in  dispute  were  fully  ad- 
justed.13 But  the  calm  was  only  the  precursor  of  storm. 

The  Governor  of  New  Netherland  had  been  deeply  moved  by 
the  injury  which  he  conceived  to  have  been  done,  in  the  attack 
upon  Fort  Casimer,  and  he  only  awaited  the  reception  of  the 
proper  authority,  and  the  completion  of  the  needful  preparations, 


"  Acrelius  and  other  authorities  represent,  that  the  attack  on  Fort  Casimer 
was  made  by  Rysing  at  his  first  appearance  in  the  Delaware.  But  then,  he 
could  not  have  been  ignorant  of  the  tenor  of  the  instructions  that  had  been 
given,  and  if  such  a  step  was  ventured  upon  before  he  had  become  properly 
invested  witty  authority,  or  had  entered  upon  office,  the  act  was  only  the  more  im- 
prudent and  improper. 

»a  By  some  it  is  said,  that  the  place  was  taken  by  storm,  others  assert,  by 
stratagem. 

,13  Campanius  says  that  the  differences  between  Rysing  and  Stuy  vesant  in  the 
year  1654,  appear  to  have  been  amicably  settled;  and  this  view  is  also  adopted 
by  Clay,  who  remarks  in  reference  to  subsequent  movements,  "  that  there  seems 
to  have  been  a  want  of  good  faith,  or  at  least  the  practice  of  some  deception,  on 
the  part  of  the  Dutch."  Nothing  is  known  to  warrant  the  imputation  of 
treachery,  except  the  apparent  quietude  of  the  Dutch. 


. ;*  -    -.  -.  -.>  -/<  •;. 

104  NEW    NETHERLAND. 

to  make  a  decisive  vindication  of  his  claims.  Hostilities  were 
not  to  be  entered  upon  without  the  assent  of  his  superiors,  but 
this  assent  was  readily  gained,  the  West  India  Company  trans- 
mitted an  order  directing  the  Governor  to  "revenge  their  wrong, 
to  drive  the  Swedes  from  the  river,  or  compel  their  submission."14 
Stuy vesant  prepared  to  obey  the  direction ;  he  collected  a  force  of 
seven  vessels,  with  more  than  six  hundred  men,  and  assuming  the 
command  in  person,  departed  for  the  Delaware.  In  September, 
1655,  the  squadron  arrived,  and  the  Commander  directly  presented 
himself  before  Trinity  Fort,  and  demanded  a  surrender.  Resis- 
tance against  such  a  force  would  have  been  fruitless,  and  honor- 
able terms  of  capitulation  were  granted.  Not  long  afterwards 
Christina  fell  in  a  similar  manner.15 

The  Island  of  Tennekong  was  next  approached,  and  Gottenberg 
the  fort,  with  the  Governor's  residence,  and  all  the  improvements 
on  the  Island,  fell  into  the  hands  of  the  conquerors.  New 
Sweden  was  completely  subjugated,  and  the  change  of  condition 
that  followed,  was  quietly  submitted  to.  No  measures  of  active 
resistance  are  known  to  have  been  taken,  either  in  the  province 
itself,  or  by  the  government  of  Sweden,  excepting  only  the  publi- 
cation of  a  protest,  in  the  following  year,  by  the  Swedish  Em- 
bassador  at  the  Hague.16  But  this  declaration  was  productive  of 
no  effect.  The  province  was  lost. 


11  Bancroft,  vol.  2,  p.  297. 

"  For  the  terms  of  surrender,  see  Acrelius.  They  are  also  given  in  full  in 
Ferris's  Settlements,  p.  94. 

1C  [Protest]  "  The  underwritten  resident  of  Sweden  doth  find  himself  obliged 
by  ex  press  order,  to  declare  unto  their  High  and  Mighty  Lordships  herewith, 
how  that  the  Commissioners  of  the  West  India  Company  of  this  country  in  the 
New  Netherlands,  now  the  last  summer  did  unexpectedly  assault  by  force  of 
arms  the  Swedish  colony  there,  taking  from  them  their  forts,  and  drove  away 
the  inhabitants,  and  wholly  dispossesed  the  Swedish  Company  of  their  district. 
It  is  true  and  without  dispute,  that  the  Swedish  Company  did  acquire  optima 
titulo  juris  that  part  which  they  possessed,  and  did  buy  it  of  the  natives,  and 
consequently  had  possession  of  it  for  several  years;  without  that  the  West  India 
Company  of  these  countries  did  ever  pretend  any  thing.  Wherefore  the  said 
resident  doth  not  doubt  but  these  hostilities  will  very  much  displease  their  High 
and  Mighty  Lordships,  and  doth  desire  in  the  name  of  his  most  Gracious  King 


NEW    NETHERLAND.  105 

The  attempt  of  the  Swedish  Government  to  settle  their  people 
before  any  assurance  had  been  gained  of  a  right  to  the  territory 
they  entered  upon,  was  hazardous  and  unwise.  If  some  feeble 
attempts  at  negotiation  had  been  made  with  the  previous  claimants, 
there  is  nothing  to  show  that  any  positive  agreements  were  ever 
concluded  with  them  ;  no  such  agreements  were  afterwards  urged  ; 
the  Swedes  defended  their  claims  entirely  upon  the  ground  of  the 
native  right  ;  even  in  their  last  protestation,  they  set  forth  their 
title  as  being  derived  "optimo  titulo  juris,"  a  purchase  from  the 
natives.  But  this  had  never  been  acknowledged  by  European 
nations  as  giving  a  sufficient  right,  and  in  the  present  case,  it  had 
also  passed,  to  a  great  extent,  into  other  hands. 

Beside  their  first  and  principal  error,  the  conduct  of  the  colonial 
authorities  was  not  such  as  was  favorable  to  a  quiet  establishment 
in  the  country.  Minuet  treated  the  protest  of  the  Dutch  with  utter 
disdain;  Printz  was  imperious  and  provoking,  and  Rysing,  in  the 
face  of  positive  instructions  to  the  contrary,  entered  upon  a  course 
of  actual  hostilities.  As  has  been  well  remarked,  New  Sweden 
took  the  sword,  and  it  perished  with  the  sword.17 

Arrangements  were  immediately  made  by  Director  Stuyvesant 
for  the  government  of  New  Sweden.  Before  his  departure  from 
the  Delaware,  he  placed  a  Commissary  in  temporary  command,  but 
on  his  return  to  New  Amsterdam,  he  gave  a  commission  to  John 
Paul  Jacquet  to  be  Governor;  he  was  instructed  to  take  care  of 
trade,  and  keep  order  among  the  people.  He  chose  Fort  Casimer 
for  his  residence,  and  Andrias  Hudde,  the  former  Commissary  at 
Fort  Nassau,  was  appointed  his  Counsellor.18 

During  these  proceedings  on  the  Delaware,  events  had  occurred 
in  another  direction  which  now  required  the  attention  of  the 
Director  of  New  Netherland.  It  has  been  seen  that  the  provi- 


and  Lord,  that  their  High  and  Mighty  Lordships  would  be  pleased  to  take  some 
speedy  order  for  the  redressing  of  such  unlawful  proceedings,  as  the  justice,  the 
mutual  amity  between  both  nations,  and  the  consequence  of  the  business  require, 
and  is  expected  from  their  high  wisdoms,  whereby  the  Swedish  Company  may 
be  restored  undemnified.  H.  APPLEBOOM. 

"Done  at  the  Hague  the  22d  March,  1656,  (N.  S.)" 

11  Ferris's  Settlements.  a  Acrelius. 

14 


NEW    NETHERLAND. 


sional  treaty  which  was  concluded  in  1650,  between  the  English 
and  the  Dutch,  had  failed  as  a  measure  of  peace;  indeed  it  had 
proved,  in  regard  to  some  of  the  colonists,  an  occasion  of  increased 
offence.  And  besides  the  causes  of  disunion  which  that  agreement 
was  designed  to  remove,  there  were  others  of  a  different  character, 
and  entirely  beyond  its  scope.  The  two  nations  were  not  only 
adverse  in  interest,  but  were  also  totally  unlike  in  their  institutions 
and  character,  and  dispositions  unfavorable  to  harmony,  if  not 
actually  cherished,  were  yet  rapidly  increasing  in  strength.  Their 
European  connexions  also  had  become  unsettled,  and  in  1652 
open  hostilities  broke  out  between  England  and  Holland,  a  cir- 
cumstance which  could  hardly  fail  to  give  greater  intenseness  to 
the  feelings  of  the  colonists.  Beside  this,  a  rumor  became  preva- 
lent that  the  Dutch  had  engaged  in  a  plot  with  the  Indians  in  all 
parts  of  the  country,  for  the  purpose  of  destroying  the  entire 
population  of  New  England.  The  intelligence  of  the  agreement 
was  derived  from  the  Indians  themselves,  and  under  the  circum- 
stances of  the  time,  when  much  irritation  already  existed,  the  rumor 
was  readily  credited.  It  was  also  supposed  to  be  strengthened  by 
an  additional  circumstance.  The  Governor  of  New  Netherland 
directed  a  letter  to  the  several  colonies  of  New  England,  proposing 
that  neutrality  should  be  observed  between  them  and  the  Dutch, 
during  the  continuance  of  the  war  in  Europe,  unless  positive  orders 
to  the  contrary,  should  be  given.  This  proposal  was  regarded  as 
an  evidence  of  treachery,  rather  than  as  showing  a  desire  for  peace. 
Alarm  was  excited  among  the  English  settlers,  and  ar  special  meet- 
ing of  the  United  Colonies  was  called,  which  accordingly  con- 
vened at  Boston,  in  May,  1653. 

After  examining  the  evidence  in  regard  to  the  designs  of  the 
Dutch,  a  majority  of  the  Commissioners  declared  themselves  in 
favor  of  war.  But  Massachusetts,  the  strongest,  but  most  remote 
of  the  colonies,  either  in  the  exercise  of  a  sounder  judgment,  or 
from  a  feeling  of  greater  security  against  the  menaced  attack,  re- 
fused to  resort  to  hostile  proceedings.  At  the  suggestion  of  her 
deputies,  a  person  was  despatched  to  the  Governor  of  New  Neth- 
erland, to  demand  from  him  an  explanation  of  his  conduct  and 
course. 

Upon  the  reception  of  the  messenger,  Stuyvesant  expressed 


NEW   NETHERLAND. 

himself  in  relation  to  his  errand,  and  the  charge  that  was  made,  in 
terms  of  the  greatest  indignation  and  warmth.  He  asserted  his 
innocence  and  rectitude;  he  had  sought,  he  said,  nothing  but 
peace  and  good  neighborhood,  yet  if  he  must  be  driven  to  ex- 
tremities, he  had  confidence  that  a  just  God  would  enable  him  to 
stand,  in  making  a  righteous  defence.  His  reply  was  reported  at 
a  second  meeting  of  the  Commissioners  of  the  Colonies,  and  was 
declared  to  be  evasive,  and  not  satisfactory.  The  majority 
again  resolved  upon  war,  but  the  deputies  from  Massachusetts 
persisted  in  dissent,  and  the  general  court  of  that  colony  upheld 
their  representatives,  and  even  went  farther.  It  was  resolved, 
that  no  determination  of  the  Commissioners,  though  all  should 
agree,  should  bind  the  colony  to  engage  in  hostilities. 

Disappointed  of  the  aid  they  expected  to  receive  from  their 
principal  confederate,  the  remaining  colonies  were  prevented  from 
the  prosecution  of  their  purpose. 

But  Connecticut  and  New  Haven  resolved  upon  seeking  assis- 
tance in  a  different  quarter.  Cromwell,  who  had  acquired  the 
principal  control  of  affairs  in  England,  was  actively  engaged  at 
the  time,  in  urging  hostilities  with  Holland,  and  to  him  application 
was  made.19  Falling  in  with  his  present  designs,  the  application 

19  [Extract  from  the  letter  of  William  Hooke  to  Lord  General  Cromwell] 
"The  bearer  hereof,  Captain  Astwood,  a  man  very  desirable  and  useful 
amongst  us,  can  acquaint  your  Lordship  with  our  affairs,  and  the  tottering  state 
of  things  in  these  ends  of  the  earth,  where  the  lines  are  fallen  to  us,  concerning 
which  I  have  written  to  you  in  a  letter  dated,  I  suppose,  about  a  month  before 
this,  which  I  hope  will  come  to  you.  Briefly,  whereas  our  Four  Colonies,  The 
Bay,  Plymouth,  Connecticut,  and  New  Haven  have  stood  combined  by  a  solemn 
agreement,  for  which  many  prayers  were  put  up  to  Heaven,  and  many  thanks 
returned  to  God,  when  it  was  effected,  and  which  hath  continued  inviolate  for 
the  space  of  ten  years  to  the  terror  of  our  enemies,  whether  Dutch  or  Indians ; 
it  is  so,  that  the  late  treaty  of  the  Commissioners  for  the  aforesaid  colonies,  (of 
whom  this  bearer  was  one,)  concerning  the  undertaking  of  a  war  against  the 
Dutch,  hath  after  several  agitations  and  discussions  of  the  point,  occasioned  the 
Bay  to  desert  us,  (a  colony  near  equal  in  greatness  to  the  other  three,)  and  to 
break  the  brotherly  covenant,  refusing  to  join  in  a  military  expedition  against 
the  Dutch,  and  lately  against  the  Indians  also,  from  whom  we  have  received 
much  injury  and  contempt.  The  truth  is,  the  decliners  fear  their  own  swords 
more  than  the  Dutch  or  natives,  or  the  displeasure  of  the  State  of  England, 
concerning  that  if  the  sword  be  once  drawn  it  will  bear  rule  no  less  in  our 


108  NEW   NETHERLAND. 

was  favorably  received,  and  a  squadron  was  sent  over  to  aid  and 
support  the  colonists,  and  instructions  were  given  to  the  comman- 
der to  address  himself  to  the  Governors  of  the  several  colonies, 
and  request  their  concurrence. 

But  a  peace  was  soon  afterwards  concluded  between  the  belli- 
gerents in  Europe,  information  of  which  was  received  in  New 

England  than  hi  yours,  and  so  the  magistrates  in  the  general  court  in  the  Bay, 
fear  that  they  shall  bear  the  sword  hi  vain.  In  the  mean  time  we  are  like  to 
feel  the  sad  effects  thereof,  for  great  discontents  are  risen  in  the  minds  of  many, 
who  are  willing  to  shake  off  all  yokes,  and  utterly  averse  to  pay  the  vast  charge 
of  the  late  long  fruitless  Commissioners.  A  language  of  mutiny  and  sedition, 
and  of  renouncing  the  present  authority,  is  heard  amongst  us,  whereby  we  are 
endangered  as  well  from  within  as  from  without  our  selves,  and  great  fractures 
and  disjunctures  are  threatened,  and  the  great  changes  hastening  upon  us 
whereof  Mr.  Cotton  spoke  on  his  death  bed,  upon  occasions  of  the  comet,  which 
shined  many  nights  during  his  sickness,  and  extinguished  about  the  time  of  his 
dissolution.  Trade  is  obstructed,  commodities  (especially  clothing,)  very  scanty, 
great  discouragements  upon  the  most  if  not  all.  It  is  strongly  apprehended  by 
the  intelligent  among  us,  that  our  cure  is  desperate  if  the  Dutch  be  not  removed, 
who  lye  close  upon  our  frontiers,  so  that  we  and  our  posterity  (now  almost  pre- 
pared to  swarm  forth  plenteously)  are  confined  and  strengthened,  the  sea  lying 
before  us,  and  a  rude  rocky  desert  unfit  for  culture,  behind  our  backs.  Our 
danger  also  from  the  natives  is  great,  to  whom  these  ill  neighbors  have  traded 
and  still  do,  multitudes  of  guns,  with  powder,  shot,  and  weapons  which  the 
English  have  always  refused  to  do,  and  by  means  of  this  damnable  trade,  (as 
the  Dutch  Governor  himself  calls  it,)  this  earthly  generation  of  men,  whose 
gain  is  their  God,  are  grown  very  gracious  to  the  barbarians  and  have  them  at 
command  as  an  armed  people,  prepared  (if  we  enterprize  ought  against  the 
Dutch)  to  assault  the  English.  But  I  am  unwilling  to  detain  your  Lordship 
any  longer  with  my  lines,  the  Captain  knoweth  how  to  supply  my  defects,  and 
is  indeed  a  fit  man  to  be  employed  hi  service  against  the  Dutch,  if  we  come  not 
too  late,  and  if  also  yoixr  Lordship  would  be  pleased  to  procure  two  or  three 
frigates,  to  be  sent  for  the  clearing  of  the  coast  from  a  nation,  with  which  the 
English  cannot  either  mingle  or  easily  sit  under  their  government,  nor  so  much 
as  live  by,  without  danger  of  our  lives  and  our  comforts  in  this  world.  And  if 
these  men  might  be  dislodged,  it  would  contribute  much  to  the  cure  of  our  in- 
testine discontents,  which  arise  principally  from  our  not  enterprizing  against 
these  earthly  minded  men.  Yet  if  withal,  your  Lordship,  by  your  letters,  or  the 
parliamentary  power  interposing  by  their  authority,  or  both,  shall  command 
quietness  among  ourselves  and  subjection  in  the  people  to  the  highest  powers 
throughout  the  several  colonies,  and  also  command  assistance  te  be  afforded  by 
the  Bay  to  the  other  three  colonies,  in  case  of  war  against  the  Dutch,  it  may 
please  the  Lord  to  heal  our  f  breaches  and  prevent  distempers,  and  to  cause  us 


, 

NEW    NETHERLAND.  109 

England  soon  after  the  arrival  of  the  fleet,  which  was  thereupon 
recalled.  In  consequence,  the  designs  of  the  English  against 
New  Netherland,  were  once  more  suspended. 

In  the  treaty  concluded  at  this  time,  there  was  no  express 
stipulation  in  reference  to  the  colonial  possessions  belonging  to 
the  parties  ;  it  only  provided  in  general  terms  for  the  restoration 
of  peace  throughout  the  dominions  of  each.  But  the  withdrawal 
of  the  armament  that  had  been  sent  by  Cromwell  against  New 
Netherland,  seemed  to  imply  a  concession,  not  only  in  favor  of  the 
claims  of  the  Dutch  to  the  country,  but  also,  that  these  countries 
were  included  on  the  terms  of  the  treaty. 

But  the  English  colonists  denied  the  inference  ;  they  insisted 
that  in  fact,  the  Dutch  were  not  the  owners  of  land  in  America, 
that  they  were  merely  intruders,  and  of  consequence  could  derive 
no  claim  to  forbearance  from  the  terms  of  the  treaty.  Even  if  the 
treaty  they  said,  extended  to  all  the  countries  belonging  to  the 
parties  throughout  the  world,  (a  point  which  was  not  conceded,) 
it  still  could  have  no  effect  in  the  case  in  question,  because  the 
country  of  New  Netherland  did  not  belong  to  its  present  posses- 
sors.20 With  these  views  the  colonists  resolved  to  pursue  their 


to  live  again,  wherein  you  shall  do  a  singular  service  to  many  churches  of 
Christ,  and  be  (through  grace)  an  instrument  in  God's  hand,  of  effecting  great 
things  in  these  four  colonies,  as  God  hath  used  you  to  accomplish  great  matters 
in  three  kingdoms,  &c.  Your  Lordship's  in  most  observance, 

"  WILLIAM  HOOKE. 
"  To  His  Excellency  OLIVER  CBOMWELL, 

"Lord  General  of  all  the  forces  of  the  Commonwealth  of  England. 

"New  Haven,  the  3d  of  November,  1653."  Tfiurbe's  State  Papers. 

M  At  an  early  period  of  the  colonies  it  had  been  understood  that  they  were  not 
bound  by  a  statute  unless  they  were  specially  named ;  whether  the  case  was  the 
same  with  a  treaty  is  uncertain.  But  the  entire  course  of  the  colonies  at  this 
time  was  such  as  to  evince  but  little  dependence  upon  the  parent  country.  They 
had  not  considered  themselves  involved  in  the  war  in  Europe,  only  as  they  be- 
came so  by  their  own  acts.  They  had  themselves  declared  war  against  the 
Dutch,  without  any  authority  from  England,  and  had  only  applied  to  that 
country  for  aid,  though  afterwards  an  order  had  been  received  from  Parliament 
requiring  that  the  Dutch  should  be  treated  in  all  respects  as  the  enemies  of 
England.  Under  these  circumstances  the  treaty  in  Europe  might  not  be  re- 
garded as  conclusive,  as  to  the  separate  action  that  had  been  commenced  or 


110  NEW    NETHERLAND. 

designs  in  relation  to  the  Dutch.  Application  was  again  made  to 
the  English  government,  and  Richard  Cromwell,  the  Second  Pro- 
tector, manifested  a  willingness  to  accede  to  the  wishes  of  the  ap- 
plicants. He  issued  orders  to  prepare  a  squadron,  and  gave 
instructions  to  the  commanders  for  an  invasion  of  New  Netherland; 
he  also  caused  letters  to  be  written  to  the  provincial  assemblies,  de- 
siring their  co-operation  in  the  proposed  attempt.21  But  the  reins 
of  authority  soon  fell  from  the  grasp  of  the  feeble  Richard,  and  his 
designs  and  directions  were  not  carried  on  to  completion.  A  fur- 
ther respite  was  secured  to  New  Netherland. 

But  the  resolves  and  claims  of  the  English  continued  the  same, 
or  rather  seemed  constantly  to  rise ;  the  colonists  no  longer  con- 
fined their  views  to  the  recovery  or  defence  of  a  particular  portion 
of  territory,  but  looked  to  an  entire  subjugation  of  the  Dutch,  and 
the  possession  of  the  whole  of  the  country  they  occupied  or 
claimed.  The  people  of  New  Haven  openly  declared  that  no 
New  Netherland  was  known  to  them,  that  they  considered  the 
possession  of  the  West  India  Company  entirely  unlawful,  as  not 
supported  by  a  grant  from  the  King  of  England,  and  therefore 
that  they  were  resolved  to  extend  their  plantations  as  far  as  they 
pleased. 

Whilst  New  England  was  thus  advancing  on  the  one  hand,  the 
Governor  of  New  Netherland  retained  with  difficulty  the  hold  he 
had  lately  obtained,  on  the  other.  New  Sweden  seemed  ready  to 
pass  from  his  grasp. 

The  Dutch  had  rejoiced  in  the  establishment  of  their  power 
upon  the  borders  of  the  Delaware,  and  had  counted  upon  a  firm 
and  peaceful  possession.  The  West  India  Company  shared  the 
government  of  the  country  with  the  principal  city  of  Holland,  and 
officers  representing  their  authority  were  placed  in  the  respective 
divisions.22  The  rule  of  these  persons  was  rigorous.  Stuyvesant 

contemplated  in  the  colonies.  Such  was  the  position  taken  by  the  colonists,  and 
this,  in  addition  to  the  claim  which  they  urged  to  the  country  held  by  the  Dutch, 
was  considered  as  sufficient  to  warrant  the  prosecution  of  hostilities,  notwith- 
standing the  conclusion  of  the  peace  in  Europe. 

*  Thurloe's  Collections. 

K  The  country  on  the  western  side  of  the  Delaware  was  divided  by  the  Dutch 
into  two  Colonies.  One  extended  from  Fort  Christina  to  Bambo-Hook,  and  was 


NEW    NETHERLAND.  Ill 

was  jealous  of  the  Swedes,  and  ordered  his  deputy  in  the  colony 
of  the  company  to  "keep  a  watchful  eye  upon  them,  and  if  any 
should  be  found  seditious,  to  send  them  to  Manhattan!"  He 
afterwards  transmitted  an  order  that  they  should  all  be  collected 
into  small  towns,  where  their  movements  might  be  easily  ob- 
served, and  easily  controlled.  To  escape  from  this  merciless 
rule,  a  number  of  the  settlers  departed  from  the  colony,  some  of 
them  going  to  the  adjacent  province  belonging  to  Amsterdam  city. 
But  here  their  condition  was  little  improved ;  "  when  did  a  city 
ever  govern  a  province  with  forbearance."  The  most  onerous 
commercial  restrictions  were  here  established,  and  the  prosperity 
and  happiness  of  a  people,  and  the  advancement  of  a  country, 
were  considered  of  less  importance  than  a  profitable  trade.  But 
in  a  part,  and  an  important  part  of  the  country,  a  different  claim 
existed,  by  which,  both  the  profits  and  the  powers  of  the  present 
possessors,  were  brought  into  jeopardy.  Nearly  th^whole  of  the 
settlements  on  the  western  side  of  the  Delaware,  were  included  in 
the  territory  which,  many  years  before,  had  been  granted  to  Lord 
Baltimore,  and  was  included  in  the  province  of  Maryland.  And 
the  authorities  of  Maryland  were  alive  to  their  interests. 

In  1654,  Ffendall,  the  Lieutenant  of  Lord  Baltimore,  gave  in- 
structions to  Colonel  Nathaniel  Utie  to  repair  to  "the  pretended 
government  and  people"  seated  on  Delaware  Bay,  within  his 
province,  and  to  require  them  to  depart;  but  he  might  propose  to 
the  people  there  seated,  to  place  themselves  under  his  Lordships 
government,  where  they  should  find  good  conditions,  and  be- pro- 
tected in  their  lives,  liberties  and  estate.  Utie  repaired  to  the 
country  accordingly,  and  a  warm  discussion  ensued  between  him 
and  Beekman,  and  Alrich,  who  acted  on  behalf  of  the  Dutch. 
The  latter  officers  proposed,  that  the  matters  in  dispute  should  be 

called  the  Colony  of  the  Company.  The  other  extended  from  Christina  up  the 
Delaware,  to  the  extent  of  the  settlement,  and  was  called  the  Colony  of  the  City. 
In  the  former  of  these,  Jacquet  was  first  appointed  as  Governor.  He  was  suc- 
ceeded by  William  Beekman.  In  the  other  colony,  after  Jacquet,  (who  exercised 
authority  for  a  time  in  both,)  Jacob  Alrich  was  appointed,  who  continued  in 
office  till  his  death,  and  left  as  his  successor,  Alexander  Hinoyosa.  On  the  7th 
of  February,  1663,  the  company  ceded  all  its  rights  to  the  Colony  of  the  City, 
and  after  that  time,  Hinoyosa  was  Governor  of  the  united  colonies. — See  Acrelius. 


112  NEW    NETHERLAND. 

referred  for  decision  to  the  republics  of  England  and  Holland. 
Soon  afterwards  the  Director  of  New  Netherland  became  a  party 
in  the  controversy;  he  sent  a  commission  to  Maryland,  with  or- 
ders to  wait  on  Ffendall,  and  to  place  before  him  a  statement  of 
their  claims.  The  Commissioners  were  to  represent,  that  the 
Dutch  had  an  indisputable  right  to  the  country,  as  could  be  proved 
and  shown  by  the  patent  from  the  Lords  States  General,  and  the 
West  India  Company,  and  by  bills  of  sale  and  conveyance  from 
the  natives,  and  the  possession  of  more  than  forty  years.  But 
the  embassy  was  not  successful.  Ffendall  was  brief  in  his  reply; 
he  admitted  the  facts  as  set  forth,  but  maintained  that  they  were 
utterly  valueless. 

In  the  following  year  Lord  Baltimore  again  presented  his 
claims ;  through  his  agents  in  Holland,  he  demanded  of  the  autho- 
rities in  that  country,  that  orders  should  be  given  to  the  colonists 
on  the  Dela^jpre,  to  submit  to  his  Lordships  rule.  The  demand 
was  refused  in  a  peremptory  manner,  and  the  West  India  Company 
transmitted  an  order  to  their  officers,  not  to  give  up  the  country, 
but  to  defend  it,  even  to  the  spilling  of  blood.23  But  the  spilling 
of  blood  at  this  time  was  averted.  Maryland  was  either  unpre- 
pared to  resort  to  such  an  extremity,  or  was  willing  to  await  the 
course  of  events  which  seemed  rapidly  tending  to  an  issue,  favor- 
able to  her  wishes  and  views. 

The  authorities  of  New  Netherland  were  still  less  inclined  to 
measures  of  violence.  Stuyvesant  was  well  disposed  to  assert  his 
authority,  but  the  existence  of  the  English  on  the  south,  and  their 
continual  encroachments  on  the  north,  gave  sufficient  warnings  of 

23  The  statement  here  given  as  to  the  tenor  of  the  orders  sent  by  the  West 
India  Company,  is  not  in  accordance  with  several  authorities.  Chalmers,  and 
those  who  have  followed  him,  declare,  that  the  company  gave  directions  to  the 
colonial  officers  to  withdraw  to  the  northward  of  Lord  Baltimore's  boundary, 
and  that  the  country  in  question  being  thus  given  up  by  the  Dutch,  was  imme- 
diately occupied  by  Charles  Calvert,  the  son  of  the  proprietory  of  Maryland. 
But  the  statement  of  the  text  is  founded  on  the  original  despatch  of  the  West 
India  Company,  existing  in  the  Albany  Records.  If  the  account  of  Chalmers 
is  admitted,  the  conclusion  must  be  drawn,  that  the  formal  despatches  of  the 
company,  were  contravened  or  annulled,  by  some  private  communication,  and 
in  fact,  it  is  stated  by  some,  that  the  instructions  were  "  private."  See  Bancroft, 
vol.  2,  p.  309. 


NEW    NETHERLAND.  113 

clanger,  and  of  the  necessity  of  caution  in  his  course.  New 
England  had  become  greatly  superior  to  New  Netherland,  in 
numbers  and  in  strength,  and  the  dispositions  of  her  people  were 
entirely  manifest.  Stuyvesant  was  aware  of  his  position,  and 
gave  full  information  to  his  superiors  of  the  state  of  affairs,  and 
urged  the  adoption  of  the  means  of  defence.  He  informed  the 
States  General  and  the  West  India  Company,  that  "the  demands, 
encroachments  ,and  usurpations  of  the  English,  gave  the  people 
here  the  greatest  concern."  In  1660  he  wrote,  "your  honors 
imagine  that  the  troubles  in  England  will  prevent  any  attempt  on 
these  parts,  alas,  they  are  as  ten  to  one  in  number  to  us,  and  are 
able  to  deprive  us  of  the  country  when  they  please." 

At  the  same  time  that  the  storm  was  gathering  upon  New  Neth- 
erland from  without,  its  internal  condition  was  not  favorable  to 
vigorous  exertion  for  its  own  protection.  Where  there  is  no 
popular  freedom,  the  government  can  have  little  hold  upon  popular 
affection ;  a  people  will  not  be  easily  aroused  in  defence  of  institu- 
tions which  no  experience  of  advantage  has  taught  them  to  value. 

The  government  of  New  Netherland  had  continued  nearly  the 
same  from  the  time  of  its  erection ;  except  the  special  institutions 
which  had  been  established  under  the  Charter  of  Liberties  and 
Exemptions,  but  little  alteration  had  been  made,  and  through  the 
latter  instrument,  no  security  for  popular  rights  had  been  offered  or 
obtained.  Under  the  general  control  of  the  West  India  Company 
the  government  continued  to  be  administered  by  the  Director  Gen- 
eral and  Council.  They  made  laws,  appointed  officers,  and  decided 
all  controversies.  The  changes  that  had  occurred  with  the  increase 
of  population,  and  the  extension  of  interests,  were  attended  with  no 
corresponding  advances  in  the  provisions  relating  to  civil  and  po- 
litical rights. 

At  different  periods  attempts  had  been  made  by  the  settlers  to 
obtain  some  melioration  of  their  state.  They  became  imbued  to 
an  extent  with  the  views  which  were  introduced  by  the  emi- 
grants from  the  neighboring  colonies ;  the  idea  of  popular  freedom 
was-  transplanted  from  New  England,  to  New  Netherland.  Many 
English  had  settled  at  Manhattan  and  other  places  in  the  province, 
and  were  indulged  in  the  exercise  of  some  of  the  privileges  and 
powers,  they  had  elsewhere  enjoyed.  The  example  was  not  with- 
15 


114  NEW    NETHERLAND. 

out  effect.  In  the  year  1653,  a  convention  was  held  at  New 
Amsterdam,  composed  of  delegates  from  several  of  the  towns  in 
the  province,  with  authority  to  make  a  representation  setting  forth 
the  wishes  and  will  of  the  people.  They  demanded  that  no  new 
laws  should  be  enacted  but  with  the  consent  of  the  people,  that 
none  should  be  appointed  to  office,  but  with  the  approbation  of 
the  people,  and  that  obscure  and  obsolete  laws  should  not  be 
revived.  But  Governor  Stuyvesant  was  tenacious  of  power,  and 
had  little  faith  in  the  "wavering  multitude."  He  issued  a  decla- 
ration in  which  the  demands  of  the  popular  delegates  were  treated 
with  little  respect,  and  the  reply  which  they  made,  was  noticed  in  no 
other  way,  than  by  the  issue  of  a  positive  command  dissolving  the 
convention,  and  threatening  the  members  with  arbitrary  punishment. 
"We  derive  our  authority,"  said  the  Governor,  "from  God  and  the 
West  India  Company,  and  not  from  the  pleasure  of  a  few  ignorant 
subjects."  The  West  India  Company  approved  of  the  course  of 
the  Governor.  "  Have  no  regard  to  the  will  of  the  people,"  they 
said,  "let  them  indulge  no  longer  the  visionary  dream  that  taxes 
can  be  imposed  only  with  their  consent."  But  to  dissipate  such 
a  dream  was  no  easy  undertaking,  and  the  attempt  could  only  tend, 
as  it  did  tend,  to  detach  the  people  of  New  Netherland  from  their 
government,  and  reconcile  them  to  the  idea  "  of  obtaining  English 
liberties  by  submitting  to  English  jurisdiction."24 


94  Bancroft,  vol.  2,  p.  308. 


CHAPTER  VII. 


SUBJUGATION    OF    NEW    NETHERLAND,    AND    A    SECOND    CONVEYANCE 
OF    A    PART    OF    THE    COUNTRY. 


IN  the  year  1660,  Charles  the  Second  recovered  the  Throne  of 
his  Fathers.  Circumstances  occurred  at  an  early  period  which 
tended  to  disturb  the  relations  of  amity  which  for  some  time  had 
subsisted  between  England  and  Holland.  Charles  was  displeased 
with  the  refusal  of  the  States  General  to  elect  the  young  Prince, 
his  nephew^  as  Stadtholder.  The  court  of  France  was  busy  in 
fomenting  the  growing  aversion.  The  French  were  jealous  of  the 
increasing  intimacy  between  the  countries  of  Spain  and  Holland, 
and  endeavoured  to  prejudice  the  interests  of  the  latter,  by  fanning 
the  displeasure  of  the  English  King.  The  feelings  of  Charles 
were  also  strengthened  by  reasons  of  State.  England  and  Holland 
were  rivals  in  trade,  and  in  the  pursuit  of  their  interests  were 
sometimes  placed  in  direct  opposition.  This  subject  w^as  noticed 
by  the  House  of  Commons,  and  a  vote  was  passed  that  the  in- 
dignities offered  to  the  English,  by  the  States,  were  the  greatest 
obstructions  to  foreign  trade.1  The  condition  of  affairs  in  America 
was  an  additional  ground  of  dissension ;  the  claims  of  the  colonists 
in  New  England,  and  those  of  the  Dutch  in  New  Netherland, 
were  directly  at  variance,  and  an  actual  collision  between  the 
parties,  was  constantly  threatened.  The  concurrence  of  these 
several  circumstances  and  reasons  seemed  to  the  English  King  to 
point  out  a  course  of  procedure  which  he  directly  prepared  to 
pursue ;  he  resolved  to  make  an  attack  upon  the  Dutch  by  assert- 
ing his  claim  to  their  American  possessions. 

By  this  course  of  policy,  the  appearance  of  any  new  issue  be- 


Robinson's  England. 


116  SUBJUGATION    OF    NEW    NETHERLAND.  * 

tween  the  parties  was  wholly  avoided;  the  English  had -never 
conceded  the  claims  of  the  Dutch  in  New  Netherland,  but  on  the 
contrary,  had  constantly  maintained  that  the  country  was  theirs, 
and  that  the  actual  occupants  were  only  intruders  who  might  at 
any  time  be  expelled  from  the  lands,  or  brought  in  subjection  to 
the  rightful  owners.  Whether  the  King  was  more  influenced  by 
such  a  view  of  the  case,  in  his  present  attempt,  or  by  a  desire  to 
strike  a  blow  at  a  nation  he  disliked,  is  a  matter  which  it  may  not 
be  easy,  and  which  at  this  time,  it  is  not  important,  to  determine. 
The  first  act  toward  the  completion  of  the  purpose  in  view,  was 
the  execution  of  a  grant  conveying  the  country  in  question,  to  his 
Royal  Highness  James  the  Duke  of  York  and  Albany,  the  brother 
of  the  King. 

This  grant  was  made  on  the  12th  of  March,  1663-4,  it  gave 
the  lands  lying  between  the  western  side  of  Connecticut  River, 
and  the  eastern  side  of  Delaware  Bay,  including  Long  Island, 
Nantucket,  Marthas  Vineyard,  and  the  Islands  in  th'Sir  vicinity.2 
It  also  conferred  upon  the  Duke  the  powers  of  government, 
both  civil  and  military,  within  the  boundaries  mentioned.  Orders 
were  directly  given  for  the  preparation  of  an  armament  to  be 
despatched  to  America,  in  order  to  put  the  Duke  in  possession  of 
his  new  domain.  As  a  collateral  object,  it  was  also  proposed,  that 
a  visit  should  be  paid  to  the  New  England  colonies.  These 
colonies  w^re  not  in  such  a  condition  in  regard  to  the  parent  State, 
as  was  suited  to  the  views  of  the  King,  and  the  attempt  to  subju- 
gate the  adjacent  province  held  -by  the  Dutch,  was  supposed"  to 
afford  an  opportunity  for  a  general  adjustment  of  the  affairs  of  the 
country.  To  carry  out  this  purpose,  a  body  of  Commissioners 
was  appointed  to  attend  the  expedition. 

A  rumour  of  the  meditated  movement  was  soon  borne  to 
America.  Governor  Stuyvesant  was  informed  that  a  squadron 
had  been  collected  and  was  lying  in  Portsmouth,  which  was  be- 
lieved to  be  destined  to  New  Netherland,  "and  would  shortly  set 
sail.  Information  of  similar  import  was  received  in  New  England, 
and  also,  that  a  commission  had  been  appointed  to  investigate  the 
state  of  the  colonies,  and  to  settle  and  determine  the  policy  of  the 

3  Whitehead's  History  of  East  Jersey,  p.  23. 


SUBJUGATION    OF    NEW    NETHERLAND.  117 

country.  The  visit  of  the  officers  of  the  King  to  his  English  sub- 
jects, was  far  more  dreaded  than  desired.  It  was  apprehended 
that  the  feelings  entertained  by  the  Sovereign  toward  the  Puritan 
sectaries  were  not  of  the  most  favorable  kind,  and  it  was  possible 
that  he  might  still  be  disposed  to  look  upon  the  country,  as  the  asy- 
lum of  the  regicides.  The  event  was  quietly  awaited. 

In  New  Netherland  little  was  attempted,  and  nothing  could  be 
effected  to  ward  off  t*he  danger.  Stuy vesant  proposed  that  an  en- 
listment should  be  made  "  of  every  third  man,  as  had  more  than 
once  been  done  in  the  Fatherland ;"  but  the  people  were  little 
inclined  to  enter  the  lists.  But  the  state  of  feeling  in  the  English 
colonies  in  regard  to  the  expected  visit,  soon  became  known  in 
the  neighboring  province,  and  the  knowledge  excited  a  glimmering 
hope  in  the  mind  of  Stuy  vesant;  he  conceived  the  idea  that  an 
ufikm  might  be  formed  with  his  ancient  opponents,  or  at  le^^,  that 
they  might  be  prevailed  upon  to  observe  neutrality.  Tio^secure 
this  object,  he  made  a  voyage,  to  Boston,  .and  was  received  by 
Endicott,  the  Governor  of  Massachusetts,  with  entire  civility,  and 
even  with  an  appearance  of  respect.3 

But  whatever  were  the  doubts  or  fears  of  the  English  in  regard 
to  the  dispositions  of  their  .Sovereign  toward  themselves,  they 
were  not  inclined  to  enter  into  any  agreement  whi«h  might  favor 
the  Dutch.  The  proposals  of  Stuyvesant  were  rejected  both  in 
Massachusetts  and  Connecticut,  and  he  returned  from  his**fruitless 
visit  only  in  time  to.  meet,  the  invasion  of  the  province  of  New 
-Netherland.  -  '  *  h^Jnts'Hvi 

The  squadron  despatched  to  America  for  the  purpose  already 
mentioned,  was. under  the' command  of  Sir  Robert  Carre,  but  the 
military  forces  were  commanded  by  Colonel  Nieholls,  who  was. 
also  to  have  command  in  the  country  to  be- reduced,  and  these  two 
officers,  with  George  Cartwright  and  Samuel  Maverick,  were  the 
Commissioners  to  the  colonies... 

•  Upon  the  arrival  of  the  fleet  at  Boston,  the  Commissioners 
exhibited  their  credentials,  and  also  produced  instructions  to  the 
colonists  requiring  that  assistance  should  be  given  for  the  reduction 
of  New  Netherland.  This  requisition  was  presented  to  Endieott, 

'Grahamea'  Colonial  History,  vol.  2,  p.  179. 


•      118  SUBJUGATION    OF     NEW    NETHERLAND. 

the  Governor  of  Massachusetts,  who  replied,  that  he  had  no  au- 
thority to  order  a  military  levy  without  the  consent  of  the  general 
court,  and  the  Commissioners  were  not  inclined  to  await  so  tardy 
a  movement.  They  therefore  departed,  leaving  an  order  for  the 
forces  to  follow.4 

The  application  of  the  Commissioners  in  Connecticut,  was  met 
with  a  greater  degree  of  alacrity  ;  Governor  Winthrop,  with  a 
number  of  volunteers,  immediately  joined  themselves  to  the  arma- 
ment, and  proceeded  in  the  enterprize.  The  squadron,  which 
consisted  of  four  ships,  appeared  before  the  principal  city  of  New 
Netherland,  in  August,  1664.  Director  Stuyvesant  was  sufficiently 
apprized  of  the  designs  of  the  English,  yet,  as  no  formal  declara- 
tion of  war  had  been  made,  the  way  seemed  open  for  a  mission 
of  inquiry,  which  it  was  probably  hoped  might  lead  at  least,  to 
favorable  negotiation.  Accordingly,  a  deputation  was  sent  to  the 
English  Commander,  by  which  the  Governor  requested  "with  all 
respect  and  civility,"  that  he  might  be  informed  concerning  the 
meaning  and  intent  of  tKe  approach  of  the  ships,  and  their  con- 
tinuance in  the  harbor,  which  it  w.as  said,  "hath  caused  admira- 
tion in  us,  not  having  received  any  timely  knowledge  of  the  same." 
Colonel  Nicholls  returned  an  answer  equally  courteous  in  form, 
but  decisive  in  import.  He  informed  the  Governor  and  Council 
that  his  Majesty  of  Great  Britain,  having  an  unquestionable  right 
and  title  to  this  part  of  America,  and  well  knowing  how  much  it 
would  derogate  from  his  crown  and  dignity,  to  suffer  any  foreigners 
to  usurp  dominion,  and  inhabit  there ;  had'given  commandment  to 
require  a  surrender  of  such  forts  or  places  of  strength  as  were  in 
possession  of  the  Dutch.  He  accordingly  demanded  that  the  town 
known  by  the  name  of  "Manhattoes,"  with  all  the  forts  belonging 
thereto,  should  be  surrendered  into  his  hands,  and  declared  that 
every  man  who  should  submit,  should  be  secure  of  life,  liberty, 
and  estate,  but  that  all  who  should  make  opposition,  would  bring 
upon  themselves  the  calamities  of  war.  Governor  Winthrop,  who 
was  known  to  the  Governor  and  people  of  New  Netherland,  also 


4  A  regiment  of  two  hundred  men  was  afterwards  raised  and  equipped  under 
the  direction  of  the  general  court,  and  preparations  were  in  progress  for  their 
departure,  when  information  was  received  of  the  fall  of  New  Amsterdam. 


SUBJUGATION    OF    NEW    NETHERLAND.  119 

wrote  a  communication  urging  the  acceptance  of  the  offered  terms. 
Stuyvesant  summoned  his  council  and  invited  the  burgomasters  of 
the  city  to  attend  the  conference ;  he  represented  to  them  that  out- 
rage and  violence  were  designed  by  the  English,  and  urged  that 
measures  of  resistance  should  at  once  be  adopted.  But  the  mem- 
bers of  the  conference  were  disposed  to  mingle  prudence  with 
their  patriotism.  They  wished  to  become  informed  respecting 
the  terms  that  had  been  proposed  by  the  English,  and  requested 
that  they  might  be  allowed  to  examine  the  letters  received  by  the 
Governor.  Stuyvesant  was  indignant  at  the  idea  of  entering  into 
any  consideration  of  terms  ;  he  insisted  that  there  was  no  other 
question  to  be  debated,  than  as  to  the  means  of  repelling  the  inva- 
sion. But  this  was  not  the  prevailing  sentiment,  and  the  burgo- 
masters and  principal  inhabitants  protested  against  the  course  of 
the  Governor,  in  refusing  to  make  known  the  terms  that  were 
offered.  In  fact,  the  people  were  not  inclined  to  active  resistance. 
They  had  not  been  satisfied  with  the  course  of  their  own  authorities, 
and  a  powerful  force  which  they  had  not  the  means  of  opposing,  was 
now  at  their  doors.  The  English  too,  had  issued  a  proclamation 
setting  forth  to  the  colonists  that  all  who  would  submit  to  his 
Majesty's  government,  should  be  protected  "in  his  Majesty's  laws 
and  justice,  and  peaceably  enjoy  whatsoever  God's  blessing  and 
their  own  industry,  had  furnished  them  with."  For  a  period 
Stuyvesant  endeavored  to  stem  the  current  alone ;  he  remonstrated 
against  the  supineness  of.  his  own  people,  and  opposed  the  de- 
mands of  the  English  by  exhibiting  proofs  of  a  right  to  the  coun- 
try. But  all  was  unavailing,  and  finally,  to  preserve  at  least  the 
appearance  of  order,  and  prevent  the  occurrence  of  violence  and 
misrule,  he  consented  to  a  capitulation.  The  conditions  were 
concluded  by  Commissioners  appointed  by  the  parties.5 

The  articles  of  treaty  agreed  upon,  were  afterwards  submitted 
to  Nicholls  and  Stuyvesant,  and  were  approved  and  signed  by 
them.  The  treaty  bore  date  the  27th  of  August,  1664. 

5  The  Commissioners  on  the  part  of  the  English  were  Sir  Robert  Carre, 
Colonel  George  Cartwright,  John  Winthrop,  Samuel  Willison,  Thomas  Clarke, 
and  John  Pinchon.  On  behalf  of  the  Dutch,  were  John  De  Decker,  Nicholas 
Varlett,  Samuel  Megapolensis,  Cornelius  Steenwick,  Stephen  Van  Courtland, 
and  James  Coussea.  Smith's  New  Jersey. 


120  SUBJUGATION"    OF     NEW    NETHERL^ND. 

The  provisions  were  most  favorable  to  the  Dutch.  It  was  agreed 
that  the  States  Generator  the  West  India  Company  should  freely 
enjoy  all  farms  and  houses,  except  such  as  were  in  the  forts,  and 
should  have  liberty  for  six  months  to  remove  all  arms  and  ammu- 
nition belonging  to  them,  or  else  they  should  be  paid  for  them. 
That  all  people  should  continue  free  denizens,  and  enjoy  their 
lands,  houses,  goods,  and  ships,  wheresoever  they  were,  and  dis- 
pose of  them,  as  they  should  think  proper.  Any  inhabitant  wish- 
ing to  remove,  should  have  a  year  and  six  weeks  from  that  date 
to  remove  his  family,  and  dispose  of  his  lands.  All  persons  might 
freely  come  from  the  Netherlands  and  plant  in  the  country,  and 
Dutch  vessels  might  freely  come  to  the  country,  and  any  of  the 
people  return  home.  The  Dutch  should  enjoy  full  liberty  of  con- 
science in  Divine  worship,  and  the  Dutch  discipline.  No  Dutch- 
man or  Dutch  ship  should  be  pressed  to  serve  in  any  war.  The 
people  were  to  enjoy  their  own  customs  concerning  property,  and 
all  public  writings  and  records  were  to  remain  undisturbed,  and 
such  writings  as  concerned  the  States  General  might  be  sent  to 
them.  No  legal  process  should  be  interrupted,  or  called  in  ques- 
tion. All  inferior  civil  officers  might  continue  in  office  if  they 
chose,  until  the  customary  time  of  new  elections,  but  new  officers 
should  take  the  oath  of  allegiance  to  his  Majesty  of  England. 

Military  officers  and  soldiers  were  to  be  allowed  to  depart  with 
their  arms  and  colours,  and  if  any  of  them  would  remain  as  set- 
tlers, they  should  have  fifty  acres  of  land  assigned  to  them. 

These  conditions,  with  others,  formed  as  favorable  an  agreement 
as  was  ever  granted  to  any  people,  in  a  similar  case.  „ 

The  satisfaction  of  the  colonists  was  the  natural  effect  of  this 
liberal  arrangement ;  but  few  availed  themselves  of  the  privileges 
allowing  them  to  depart  from  the  country ;  even  Stuy vesant  him- 
self remained,  and  continued  in  the  province  the  remainder  of  his 
days. 

The  capitulation  of  New  York  was  soon  afterwards  followed 
by  the  surrender  of  other  places;  Colonel  Nicholls  advanced  to 
the  vicinity  of  Fort  Orange,  which  submitted  without  resistance, 
and  measures  were  directly  adopted  for  taking  possession  of  the 
country  upon  the  Delaware.  For  the  latter  purpose  special  au- 
thority was  given  by  the  Commissioners  to  one  of  their  associates, 


SUBJUGATION    OF    NEW    NETHERLAND.  121 

Sir  Robert  Carre.6  He  was  also  furnished  with  particular  instruc- 
tions for  directing  the  enterprize.  He  was  to  summons  the 
Governor  and  inhabitants  to  yield  obedience  to  his  Majesty  as  the 
rightful  Sovereign  of  that  tract  of  land,  and  to  inform  them  that  all 
planters  should  enjoy  their  farms,  houses,  goods- and  chattels,  with 
the  same  privileges  and  upon  the  same  terms  as  they  do  now 
possess  them ;  both  the  people  of  the  West  India  Company,  and 
of  the  city  of  Amsterdam.7  They  were  to  know  no  alteration 
"only  that  they  change  their  masters."  He  was  to  represent  to 
the  Swedes  the  advantages  of  "their  happy  return  under  a  mon- 
archical government,"  and  to  set  forth  his  Majesty's  good  inclina- 
tions to  that  nation,  as  well  as  to  all  men  who  should  comply  with 
his  Majesty's  rights  and  titles  in  the  country,  without  force  of 
arms.  In  case  assistance  should  be  found  necessary,  messengers 
were  to  be  sent  to  the  Governor  of  Maryland,  asking  for  aid. 
To  my  Lord  Baltimore's  son  and  others  of  the  English  that  were 
concerned  in  Maryland,  the  Commissioner  or  Commander  was  to 
state,  that  his  Majesty  at  great  expense  had  sent  ships  and  soldiers 
to  reduce  all  foreigners  in  these  parts  to  obedience,  and  for  that 

6  "  Whereas  we  are  informed  that  the  Dutch  have  seated  themselves  in 
Delaware  Bay,  on  his  Majesty  of  Great  Britain's  territories,  without  his 
knowledge  and  consent,  and  that  they  have  fortified  themselves  there  and 
drawn  a  great  trade  thither,  and  being  assured  that  if  they  be  permitted  to  go 
on,  the  gaining  of  this  place  will  be  of  small  advantage  to  his  Majesty ;  we,  his 
Majesty's  Commissioners,  by  virtue  of  his  Majesty's  commission  and  instructions 
to  us  given,  have  advised  and  determined  to  endeavor  to  bring  that  place  and 
all  strangers  there,  in  obedience  to  his  Majesty,  and  by  these  do  order  and  ap- 
point that  his  Majesty's  frigates,  the  Guinea,  and  the  William  and  Nicholas, 
and  all  the  soldiery  which  are  not  in  the  fort,  shall  with  what  speed  they  con- 
veniently can,  go  thither,  under  the  command  of  Sir  Robert  Carre,  to  reduce  the 
same,  willing  and  commanding  all  officers  at  sea  and  all  soldiers  to  obey  the 
said  Sir  Robert  Carre  during  this  expedition. 

"  Given  under  our  hands  and  seals,  at  the  Fort  at  New  York,  upon  the  Isle 
of  Manhattoes,  September  3d,  1664.  "RICHARD  NICHOLLS, 

"GEORGE  CAHTWRIGHT, 
"SAMUEL  MAVERICK." 

1  The  whole  of  the  territory  claimed  by  the  Dutch  on  the  western  side  of  the 
Delaware,  was  at  this  time  under  the  government  of  the  city  of  Amsterdam. 
The  colony  of  the  company  had  been  ceded  to  the  city  the  preceding  year,  and 
Hinoyosa  had  been  appointed  Governor  of  the  whole  country.        '"'« '• 
16 


122  SUBJUGATION    OF    NEW    NETHERDAND. 

purpose  only ;  but  the  reduction  of  the  place  being  at  his  Majesty's 
expense,  the- country  would  be  held  for  his  Majesty's  own  behoof 
and  right,  yet,  that  if  Lord  Baltimore  held  claim  there  by  his 
patent,  (which  it  was  said  was  a  doubtful  case,)  he  might  be  in- 
formed, that  possession  would  only  be  continued  until  his  Majesty 
should  become  informed  and  satisfied  in  the  case.8 

Sir  Robert  Carre  was  entirely  successful;  upon  his  arrival  in 
the  Delaware,  the  different  forts  were  surrendered,  and  the  people 
submitted  with  scarcely  an  appearance  of  resistance.  Articles  of 
agreement  were  concluded  which  purported  to  be  "between  the 
Honorable  Sir  Robert  Carre,  Knight,  on  the  behalf  of  his  Majesty 
of  Great  Britain,  and  the  Burgomasters  on  behalf  of  themselves, 
and  all  the  Dutch  and  Swedes,  inhabiting  on  Delaware  Bay,  and 
Delaware  River."9  The  burgesses  and  planters  were  to  submit 
themselves  to  his  Majesty  without  opposition,  all  persons  what- 
ever thus  submitting,  being  promised  the  fullest  protection  in  their 
persons  and  estates.  All  civil  offices,  and  officers,  were  to  be 
continued  until  his  Majesty's  pleasure  should  be  farther  known ; 
all  persons  were  to  enjoy  full  liberty  of  conscience,  in  church 
discipline  as  formerly.  Any  person  who  might  wish  to  leave  the 
country,  should  be  permitted  to  depart  with  his  goods,  within  six 
months  from  the  date  of  the  treaty ;  all  who  should  remain,  were 
to  take  the  oath  of  allegiance,  and  whoever  should  take  the  oath, 
should,  from  that  time,  be  considered  a  free  denizen,  and  entitled 
to  the  privileges  of  trading  into  all  parts  of  his  Majesty's  do- 
minions, as  freely  as  any  Englishman. 

This  agreement  was  concluded  on  the  1st  of  October,  1664.10 
"That  was  the  day  on  which  the  whole  of  New  Netherland  be- 
came subject  to  the  English  Crown."11 

Thus,  in  the  mutations  of  human  affairs,  the  fate  of  New  Sweden 
now  fell  in  turn,  to  the  lot  of  New  Netherland. 


8  From  the  representations  here  made,  it  would  appear  that  the  people  of 
Maryland  had  partial  possession  on  the  Delaware  at  the  time,  the  Dutch  en- 
joying no  more  the  divided  authority. 

8  These  Burgomasters  were  Garret  Saunders,  Vautiell,  Hans  Block,  Lucas 
Peterson,  and  Henry  Cousterier.  Gordon's  New  Jersey,  p.  21. 

10  Smith's  New  Jersey,  p.  50.  "  Smith's  New  York. 


SUBJUGATION    OF    NEW    KETHERLAND.  123 

One  of  the  circumstances  incident  to  the  change  that  had  occur- 
red, was  an  alteration  of  names.  New  Amsterdam  received  the 
name  of  New  York,  which  was  given  in  honor  of  the  Duke,  and 
with  the  same  intent,  Fort  Orange  was  called  Albany,  from  one 
of  the  titles  of  his  Royal  Highness. 

The  subjugation  of  New  Netherland  by  Charles  the  Second, 
has  been  represented  by  historians  as  an  act  of  flagrant  injustice 
and  usurpation.12  The  charge  contained  in  this  representation 
is  a  subject  requiring  attention,  not  for  the  purpose  of  defending 
the  King,  but  in  order  to  determine  important  questions  of  right. 
Charles  the  Second  was  a  profligate,  both  as  a  man,  and  as  a 
monarch,  and  no  extenuation  of  his  general  course,  will  here  be 
attempted.  As  already  remarked,  the  considerations  which  led  to 
the  act  in  question  were  various  in  origin  and  character,  and  they 
were  probably  different  also,  as  to  the  degree  of  their  influence : 
and  in  such  a  mind  as  the  King's,  the  strongest  and  best,  may  not 
have  exerted  the  greatest  force.  It  may  not  be  safe  to  affirm  that 
witli  him  the  most  powerful  motive  was  a  firm  conviction  that  the 
country  he  resolved  to  subdue,  belonged  to  his  people.  But  it 
can  scarcely  be  necessary  in  such  a  case  to  enter  into  any  analysis 
of  motives,  no  more  is  required  than  fairly  to  determine  the  real 
character  of  the  act  itself.  If  the  country  held  by  the  Dutch,  be- 
longed of  right  to  the  English  nation,  it  is  not  important  to 
inquire,  what  were  the  particular  views  which  induced  the  King 
to  attempt  the  subjugation;  if,  on  the  contrary,  the  English  had 
no  right  to  the  country,  if  the  Dutch  were  its  real  owners,  then 
the  procedure  of  the  King  may  truly  be  characterized  as 
an  act  of  "  usurpation,"  whatsoever  his  professions  or  motives 
might  be.  In  defending  their  position,  the  Dutch  professed  to  have 
derived  their  rights  from  three  separate  sources,  discovery,  a  pur- 
chase of  the  land  from  the  native  princes  and  people  of  the 
country,  and  actual  continued  possession. 

The  question  of  discovery  has  already  been  considered. 13  On 
this  ground  the  Dutch  were  entirely  precluded.  The  entire  extent 
of  coast -had  been  discovered  by  the  English,  a  fact  which  was 


'  Graharac  and  Gordon.  u  See  page  36. 


124  StrBJTTOATION    OF    NEW    NETHERLAND. 

known  to  the  Dutch,  and  to  every  civilized  nation.     And  this 
claim  had  been  fully  consummated  by  actual  possession. 

Whether  a  right  to  the  country,  could  be  acquired  in  the  second 
mode,  a  purchase  from  the  princes  and  people  of  the  land,  must 
be  determined  by  the  question,  how  far  the  claim  from  discovery 
was  affected  by  the  occupation  of  the  native  inhabitants.  At 
the  arrival  of  the  Europeans  in  North  America,  they  found  the 
whole  extent  of  the  country  before  them,  nearly  in  a  state  of 
primeval  wildness.  There  were  scarcely  any  marks  of  culture, 
or  evidences  of  ownership ;  the  whole  was  a  wide  unbroken  Waste. 
To  civilized  men  it  appeared  indeed  as  a  new  world,  and  for  all 
the  purposes  of  civilized  life  it  really  was  an  unappropriated 
domain.  The  store-houses  of  the  native  inhabitants  were  the 
forests  and  the  streams.  Generations  had  appeared  and  perished 
and  had  scarcely  left  a  notice  of  their  existence  behind  them.  As 
might  be  supposed,  the  ideas  of  such  a  people  in  relation  to  the 
rights  of  property,  were  crude  and  unsettled.  No  other  possession 
was  held  by  individuals  than  the  few  implements  they  used,  and 
the  materials  needed  in  the  construction  of  their  rude  habitations. 
Property  in  land  was  not  known.  Such  being  the  condition  of 
the  country  and  of  the  people,  no  attempt  was  made  by  the 
Europeans  to  derive  a  title  from  the  natives ;  they  based  their 
claims  upon  the  ground  of  original  acquisition.  Such  a  claim,  in 
its  principle,  was  no  more  than  an  assertion  of  the  superiority  of 
civilized  to  savage  society  and  modes  of  life,  and  that  the  latter 
must  give  place  to  the  former;  a  principle  which  it  would  be  vain 
and  useless  to  deny.  The  application  of  this  principle  or  rule, 
however,  was  liable  to  some  restriction.  If  the  Europeans  had 
acquired  an  original  claim  to  the  country,  this  claim  did  not 
operate  to  the  immediate  extinction  of  the  Indian  right  from  actual 
occupancy,  it  only  took  the  country  subject  to  this  right.  It  took 
and  held  the  country  subject  to  this  incumbrance.  But  this  in 
cumbrance  could  only  be  removed  by  the  holders  of  the  principal 
title,  or  if  others  should  do  or  attempt  this,  it  would  be  at  their 
own  hazard  and  loss ;  a  third  party  could  derive  no  advantage 
from  removing  the  incumbrance,  because  the  country  would  still 
be  held  by  the  superior  claim. 

At  an  early  period  these  principles  became  generally  recognized. 


SUBJUGATION    OF    NEW    NETHERLAND.  125 

That  discovery  gave  the  primary  or  principal  right  to  a  country, 
was  admitted  by  all  European  nations;  it  was  acknowledged  in  all 
their  negotiations,  and  wars,  and  treaties ;  whether  equitable  or  not, 
the  principle  was  universally  acknowledged,  and  acted  upon.  It 
became  national  law. 

If  then,  the  people  of  Holland  were  not  the  discoverers  of  the 
country  they  occupied,  or  had  not  otherwise  come  into  possession 
of  the  principal  claim ;  a  purchase  from  the  princes  and  natives  of 
the  land,  would  be  of  no  value  or  force. 

Beside  this,  the  Indian  right  itself  was  but  imperfectly  and  par- 
tially secured.  It  is  not  easy  to  determine  who  among  these 
tribes,  or  whether  any,  were  clothed  with  sufficient  authority  to 
enable  them  to  make  a  perfect  conveyance  of  their  rights  or  claims; 
but  whether  the  agreements  that  were  made,  were  concluded  in 
such  form,  or  by  such  authority  as  was  generally  acknowledged, 
or  otherwise,  it  is  certain  that  the  contracts  made  were  not  con- 
sidered of  binding  force.  Lands  that  had  been  sold  were  sold 
again  without  any  appearance  of  scruple;  successive  agreements 
were  made  with  the  different  people  that  appeared,  or  with  the 
same  people,  as  occasion  might  offer,  and  after  all,  the  lands  thus 
sold,  continued  to  be  occupied,  as  before.14  And  even  the  right  to 
be  acquired  by  such  conveyances  as  these,  slight  as  it  was,  was 
only  partly  obtained  by  the  Dutch ;  they  purchased  but  a  small 
part  of  the  territory  of  New  Netherland,  having  concluded  agree- 
ments with  only  a  few  of  the  numerous  tribes  that  occupied  the 
country.15 


14  In  some  instances  the  natives  of  America  when  selling  their  lands,  made  a 
special  condition  reserving  the  right  of  hunting  and  fishing  upon  them.  Whether 
this  was  done  in  the  agreements  with  the  Dutch,  there  is  nothing  to  show. 

15  There  was  yet  another  difficulty  in  regard  to  the  conveyance  of  the  Indian 
right,  arising  out  of  the  peculiar  character  of  the  customs  of  the  people  them- 
selves.    It  has  been  mentioned,  that  at  an  early  period,  the  Dutch  had  formed 
a  treaty  of  peace  with  the  great  Five  Nation  Confederacy,  and  that  the  Lenape 
tribes  were  then  present.     According  to  the  traditions  of  the  latter  nations,  they 
were  then  prevailed  on  by  the  urgent  representations  of  the  other  tribes,  (hi 
which  the  Dutch  are  said  to  have  joined,)  to  assume  the  character  of  mediator, 
or  peace  maker.     They  were  to  lay  down  their  arms,  and  trust  their  defence  to 
their  confederates,  exerting  themselves  only  in  such  modes  as  were  in  accordance 


126  SUBJUGATION    OF    NEW    NETHERLAND. 

Possession  is  the  remaining  ground  of  title  relied  on  by  the 
Dutch,  and  by  this  mode  an  unexceptionable  title  may  sometimes 
be  acquired.  Possession  may  be  taken  of  unoccupied  lands  when 
the  original  holders  have  either  abandoned  or  lost  their  claims. 
Or,  without  such  previous  abandonment  and  loss,  if  a  second 
party  should  enter  a  country  and  take  possession,  and  should  con- 
tinue in  enjoyment  without  interruption,  for  a  sufficient  period  of 
time,  the  original  holder  would  be  estopped,  his  right  would  be 
extinguished.  If  these  conditions  existed  in  the  case  in  question, 
the  claims  of  the  Dutch  must  be  admitted ;  but  these  conditions 
did  not  exist.  Previously  to  the  coming  of  the  Dutch,  the  English, 
the  original  claimants,  had  entered  the  country  themselves,  and 
taken  possession,  and  were  in  actual  possession  at  the  time.  The 
Dutch  might  still  have  rendered  themselves  masters  of  the  country 
by  the  extinction  of  the  prior  claims  of  the  English,  either  by 
treaty  or  purchase,  but  this  was  not  affected  or  even  attempted. 
They  might  also  acquire  a  title  by  long  and  uninterrupted  posses- 
sion, but  this  they  were  not  permitted  to  do.  They  had  scarcely 
entered  and  seated  themselves  on  the  territory  when  they  were 
visited  by  an  English  officer  who  asserted  the  rights  of  his  nation, 
and  compelled  the  settlers  to  acknowledge  the  authority  of  his 
Sovereign,  and  to  agree  to  the  payment  of  an  annual  tribute. 
Other  measures  were  afterwards  taken;  grants  were  made  by  the 

with  the  character  and  offices  they  had  assumed.  In  the  figurative  language 
of  the  race,  they  became  "women,"  and  were  thus  reduced  to  a  state  of  de- 
pendance.  The  enemies  of  the  Lenape  people  assert  that  this  change  in  their 
condition  was  the  result  of  a  series  of  hostile  contests;  that  they  were  subdued 
by  force  of  arms,  and  compelled  to  yield,  as  a  conquered  people.  Whether  force 
or  fraud  were  the  means,  the  subjection  of  these  tribes  is  admitted,  and  as  a 
consequence  they  lost  dominion  over  their  country.  The  other  nations  insisted 
that  the  Lenape  people  had  no  right  to  make  treaties,  or  to  dispose  of  their 
lands  in  any  manner.  At  a  subsequent  period,  Canassatago,  a  Chief  of  the 
Six  Nations,  was  called  on  to  settle  a  dispute  between  the  English  and  the 
Indians,  in  relation  to  land  on  the  Forks  of  the  Delaware.  The  Chief  addressed 
himself  to  the  Delaware  tribes,  and  declared  that  the  lands  they  now  claimed 
had  already  been  sold,  to  his  own  knowledge,  and  therefore  their  present  demand 
was  intended  as  a  fraud.  But  said  he  to  them,  "how  came  you  to  take  upon 
you  to  sell  lands  at  all ;  we  conquered  you ;  we  made  women  of  you ;  you  know 
you  are  women,  and  can  no  more  sell  land  than  women." 


SUBJUGATION    OF    NEW    NETHERLAND.  127 

English  government  conveying  to  its  subjects  the  territory  occu- 
pied by  the  Dutch,  and  in  this  manner  the  English  right  was 
asserted  and  reasserted.  The  English  colonists  also  continued  to 
maintain,  that  of  right  the  country  belonged  to  them  or  their 
nation :  and  besides  these  declarations,  they  attempted  at  various 
times  to  secure  possession  of  different  portions.  In  some  of 
these  instances  their  efforts  were  successful,  in  others  they  failed, 
but  in  either  case,  the  claim  was  maintained.  The  Dutch  were 
not  allowed  to  establish  a  title  by  long  and  peaceable  possession. 

To  sum  up  the  case,  the  Dutch  had  no  right  as  discoverers  of  the 
country.  They  acquired  by  purchase  from  the  natives  only  a  part 
of  the  country,  and  the  conveyances  obtained  were  imperfect  and 
doubtful,  and  if  these  conveyances  had  been  full  and  good,  and 
had  embraced  the  whole  of  the  territory,  still,  the  principal  right 
which  was  held  by  the  English,  remained  untouched.  Finally, 
their  possession  of  the  country  was  interrupted  and  incomplete, 
and  therefore  was  not  sufficient  to  establish  a  title.16 

If  these  conclusions  are  well  founded,  they  will  serve,  if  not 
completely  to  justify  the  conduct  of  Charles,  the  English  King, 
yet  at  least  to  absolve  him  from  the  charge  of  "flagrant  injustice 
and  usurpation." 

Yet,  if  the  claims  of  the  Dutch  to  the  country  of  New  Nether- 
land  were  not  such  as  to  secure  to  them  its  permanent  and  full 
possession  and  control,  still,  these  settlers  were  not  destitute  of 
equitable  rights.  They  had  subdued  and  cultivated  the  lands, 
they  had  navigated  the  streams,  and  erected  dwellings.  They  had 
prepared  a  home  for  civilized  man.  And  they  were  allowed  to 
continue  in  its  enjoyment.  No  one  was  dispossessed  of  his  lands 
or  turned  from  his  dwelling,  the  people  remained  in  the  posses- 
sion of  their  property  of  every  description.  The  only  change  was 

16  The  principal  circumstances  that  may  be  urged  in  support  of  the  'Dutch 
claim,  are  the  implied  acknowledgment  in  their  favor,  contained  in  the  colonial 
arrangement  respecting  boundaries,  made  in  1650;  and  the  tieaty  afterwards 
concluded  between  the  republics  of  England  and  Holland.  But  the  colonial 
agreement  was  not  finally  ratified  in  England.  And  the  provisions  of  the  later 
treaty  were  extended  to  the  colonies  rather  by  inference,  than  express  stipula- 
tion, nor  could  these  provisions  if  extending  to  the  colonies,  be  fairly  construed 
as  determining  any  questions  of  title. 


128  SUBJUGATION    OF    NEW    NETHERLAND. 

one  that  many  of  the  colonists  themselves  desired,  and  which  was 
probably  beneficial  to  all. 

But  the  reduction  of  the  country  was  not  quietly  submitted  to  by 
the  Dutch ;  a  general  war  between  England  and  Holland  was  the 
consequence.  This  circumstance  however,  made  no  alteration  in 
the  course  of  affairs  in  the  province  ;  this  was  not  made  the  theatre 
of  war,  and  at  the  conclusion  of  hostilities,  it  was  left  in  the  hands 
of  the  English. 

The  agreement  which  had  been  concluded  between  the  English 
King,  and  his  brother,  the  Duke  of  York,  was  now  to  be  carried 
out  into  full  effect;  the  latter  had  been  invested  by  the  terms  of 
his  grant,  with  full  authority  both  as  owner  and  ruler,  within  the 
country  to  be  subdued,  and  the  subjection  was  now  completed. 
In  pursuance  of  the  plan,  Nicholls,  who  had  been  appointed 
to  the  government  of  the  country  under  the  Duke,  assumed  the 
direction  of  affairs. 

But,  previous  to  the  actual  investiture  of  the  Duke  of  York,  a 
division  of  the  country  had  been  made.  Not  long  after  the  recep- 
tion of  the  grant  from  the  King,  and  before  he  had  been  put  in 
possession,  the  Duke  conveyed  a  portion  of  the  territory  to  two 
other  individuals,  Lord  Berkely  and  Sir  George  Carteret.  Dif- 
ferent motives  have  been  assigned  as  leading  to  this  grant  from 
the  Duke:  no  other  is  apparent,  than  a  desire  to  give  expression 
to  royal  approbation,  the  grantees,  at  the  time,  being  high  in 
favor,  as  well  as  in  place,  at  the  English  Court.17  The  conveyance 
to  Berkely  and  Carteret  was  made  by  an  instrument  in  form  as 
follows : 

"  This  Indenture,  made  the  three-and-twentieth  day  of  June,  in 
the  sixteenth  year  of  the  Raigne  of  our  Sovreign  Lord  Charles  the 
Second,  by  the  Grace  of  God  of  England,  Scotland,  France,  and 
Ireland,  King,  Defender  of  the  Faith — Anno  Domine  1664.  Be- 
tween his  Royal  Highness  James  Duke  of  York  and  Albany,  Earl 
of  Ulster,  Lord  High  Admiral  of  England  and  Ireland,  Constable 
of  Dover  Castle,  Lord  Warden  of  the  Cinque  Ports,  and  Governor 

"  Sec  Nicholls'  letter  to  the  Duke  of  York.  The  statements  there  made  in 
reference  to  the  causes  of  the  grant  to  Berkely  and  Cartcret,  wear  but  a  doubt- 
ful appearance.  * 


SUBJUGATION    OF    NEW    NETHERLAND.  129 

of  Portsmouth,  of  the  one  part,  John  Lord  Berkeley,  Baron  of 
Stratton,  and  one  of  his  Majestie's  most  honorable  Privy  Council, 
and  Sir  George  Carteret  of  Sattrum  in  the  county  of  Devon, 
Knight,  and  one  of  his  Majestie's  most  honorable  Privy  Council, 
of  the  other  part,  Witnesseth  that  said  James  Duke  of  York,  for 
and  in  consideration  of  the  sum  of  ten  shillings  of  lawful  money 
of  England,  to  him  in  hand  paid,  by  these  presents  doth  bargain 
and  .sell  unto  the  said  John  Lord  Berkeley  and  Sir  George  Carteret, 
all  that  tract  of  land  adjacent  to  New  England,  and  lying  and  being 
to  the  westward  of  Long  Island.  Bounded  on  the  east  part  by  the 
main  sea,  and  part  by  Hudson's  River,  and  hath  upon  the  west 
Delaware  Bay  or  River,  and  extendeth  southward  to  the  main 
ocean  as  far  as  Cape  May  at  the  mouth  of  Delaware  Bay,  and  to 
the  northward  as  far  as  the  northermost  branch  of  said  Bay  or 
River  of  Delaware,  which  is  in  forty-one  degrees  and  forty  minutes 
of  latitude,  and  worketh  over  thence  in  a  straight  line  to  Hudson's 
River — which  said  tract  of  land  is  hereafter  to  be  called  by  the 
name,  or  names  of  NOVA  C^ESAREA,  or  NEW  JERSEY." 

The  name  was  given  in  honor  of  Carteret,  on  account  of  his 
spirited  defence  of  the  Island  of  Jersey,  at  the  time  he  was 
Governor  of  that  Island. 


17 


CHAPTER  VIII. 


NEW   JERSEY 


THE     ESTABLISHMENT     OF      GOVERNMENT. 


IT  has  been  seen  that  the  territory  now  recovered  by  the 
English,  had  been  granted  by  the  King,  to  his  brother,  the  Duke 
of  York.  The  right  of  the  King  of  England  to  grant  out  new 
lands  to  his  subjects,  could  not  be  called  into  question;  it  was  one 
of  the  prerogatives  of  the  Crown  which  the  laws  of  the  realm  had 
yet  left  untouched.  The  country  now  granted,  was  given  as 
Crown  lands  ;  as  territory  held  by  the  Sovereign  by  right  of 
descent;  the  possession  of  the  country  by  the  Dutch  at  the  time 
of  the  grant,  was  in  no  wise  regarded,  they  being  considered  as 
mere  intruders  upon  the  rights  of  others.  But  the  grant  was  a 
conveyance  of  the  powers  of  government  as  well  as  of  the  rights 
of  property.  The  institution  of  government  in  new  countries 
under  British  authority,  was  effected  in  different  modes.  Power 
was  sometimes  simply  delegated  by  the  King  to  certain  individuals 
to  act  as  his  representatives,  and  these  individuals  were  entrusted 
with  such  an  amount' of  authority,  as  the  Sovereign  might  choose 
to  entrust  to  them,  only  that  it  could  not  exceed  his  own,  in  kind 
or  degree.  In  these  cases  the  power  of  government  was  entirely 
unconnected  with  any  thing  else,  and  its  duration  was  determined 
by  the  discretion  or  will  of  the  original  grantor.  Such  were  royal 
governments.  In  some  cases  charters  were  granted  which  gave 
authority  for  the  institution  and  perpetuation  of  government  by  the 
acts  of  the  people,  according  to  such  forms  as  were  prescribed  in 
the  charter,  or  as  they  should  adopt.  In  other  instances  power  was 
jiven  in  connexion  with  property;  portions  of  territory  were  granted, 


given  ineo 


THE    ESTABLISHMENT    OF    GOVERNMENT.  131 

and  the  grantees  were  invested  at  the  same  time  with  authority  to 
govern  within  the  limits  assigned  to  them,  but  subject  always  to  al- 
legiance to  the  Crown,  and  sometimes  to  farther  limitations.  These 
were  proprietary  governments.  In  such  governments, unless  special 
agreements  were  made  to  the  contrary,  the  duration  and  transmis- 
sion of  authority  were  governed  by  such  regulations  as  applied  to 
the  property  with  which  it  was  connected.  No  certain  period 
was  prescribed  for  its  continuance  and  it  was  made  transferable 
like  property,  to  heirs,  and  also  to  assigns.  The  authority  granted 
to  the  Duke  of  York  may  be  considered  as  essentially  of  the  pro- 
prietary character.  The  country  was  granted  to  him  with  all  "  the 
rents,  revenues,  and  profits  of  the  premises,  and  all  our  estate,  right, 
title,  and  interest  therein,  and  we  do  farther  grant  unto  the  said  James 
the  Duke  of  York,  his  heirs,  deputies,  agents,  commissioners,  and 
assigns,  full  and  absolute  power  and  authority  to  correct,  punish, 
pardon,  govern,  and  rule,  all  such  person  or  persons  as  shall  from 
time  to  time  adventure  themselves  into  any  of  the  parts  or  places 
aforesaid,  and  to  establish  such  laws,  orders,  and  ordinances  as  may 
be  thought  necessary ;  so  that  they  be  not  contrary  to,  but  as  near 
as  conveniently  may  be,  agreeable  to  the  laws,  statutes,  and  govern- 
ment, of  the  realm  of  England."  The  grant  from  the  Duke  of 
York  to  Berkely  and  Carteret,  was  of  a  similar  character.  In  the 
instrument  of  transfer  to  them,  the  powers  of  government  were  not 
specifically  given,  but  there  was  a  general  declaration  that  the 
grant  was  made  to  them,  their  heirs,  and  assigns,  "  in  as  full  and 
ample  a  manner"  as  it  had  been  received  by  the  Duke  himself, 
and  in  the  absence  of  any  reservation,  all  the  incidents  connected 
with  the  possession,  would  be  fairly  included. 

Berkely  and  Carteret  thus  became  rulers  as  well  as  owners 
of  the  country.  They  also,  from  the  nature  of  the  case, 
obtained  the  privilege  of  making  a  transfer  to  others ;  they  might 
convey  their  powers  and  their  interests  to  any  other  person, 
or  to  any  number  of  persons.  By  thus  placing  political  au- 
thority in  connection  with  property,  and  making  it  subject  to 
similar  incidents,  the  allegiance  and  obedience  of  subjects  were 
made  transferable  at  the  same  time,  and  in  the  same  modes  as  the 
titles  to  land.  Government  was  rendered  a  thing  that  might  be 
conveyed  by  bargain  and  sale,  it  might  be  passed  over  from  hand 


132  THE    ESTABLISHMENT    OF    GOVERNMENT. 

to  hand,  in  the  ordinary  processes  used  in  the  management  of 
mercantile  affairs.  This  principle  of  action  was  not  new,  it  ex- 
isted in  all  the  proprietary  governments  that  had  been  established 
or  projected  in  America,  and  was  sanctioned  by  ancient  usage. 
It  had  been  introduced  at  a  time  when  the  rights  and  privileges 
of  subjects  were  but  little  understood,  or  but  slightly  regarded, 
and  such  was  partly  the  case  at  the  time  of  the  first  institution  of 
government  in  America. 

The  haughty  Elizabeth  held  the  reins  of  authority  with  a  rigid 
grasp,  and  seldom  yielded  any  thing  to  the  wishes  or  the  interests 
of  her  people,  unless  it  was  unsafe  to  refuse.  James,  her  succes- 
sor, though  not  lacking  in  general  knowledge,  was  yet  so  deficient 
in  practical  wisdom  as  to  render  him  unable  to  determine  what  he 
should  grant,  and  what  he  should  refuse.  The  second  Charles 
was  resolved  to  grant  nothing  at  all,  and  his  troubled  reign  was 
but  a  struggle  to  retain  the  powers  which  his  predecessors  had  ex- 
ercised, as  well  as  the  abuses  they  had  practised,  and  his  efforts 
terminated  in  the  loss  of  his  crown,  and  his  life. 

The  second  Charles  had  seen  much  of  adversity,  and  had  come 
to  the  throne  at  a  time  when  the  marks  of  the  political  convulsions 
which  had  occurred,  were  still  visible  around  him.  It  was  a 
period  abounding  in  lessons  for  rulers  and  kings.  But  Charles 
had  never  been  apt  in  learning  the  lessons  of  wisdom,  and  if  any 
of  those  around  him  were  more  gifted  than  himself,  they  may  have 
found  it  more  prudent  to  conceal,  than  to  exhibit  their  advantage. 

But,  although  the  mode  in  which  the  proprietors  of  New  Jersey 
had  become  possessed  of  authority,  was  not  in  accordance  with 
liberal  and  enlightened  principles  of  government,  they  still,  so  far 
as  is  apparent,  had  no  design  or  desire  to  use  it  improperly.  On 
the  contrary,  there  was  exhibited  in  their  measures  a  degree  of 
liberality  as  well  as  sagacity.  They  manifested  an  acquaintance 
with  the  condition  and  the  opinions  of  the  people,  in  England  and 
America,  and  evinced  both  ability  and  willingness  to  adapt  their 
action  to  the  condition  of  affairs  existing  at  the  time.  In  a  severe 
judgment  indeed,  a  doubt  might  be  started,  whether  the  course  of 
policy  pursued  by  the  proprietors,  was  not  adopted  from  necessity, 
rather  than  inclination ;  but  even  such  a  doubt,  if  it  abated  some- 
what from  a  claim  to  liberality,  would  entitle  them  to  higher 
praise,  for  discernment. 


THE    ESTABLISHMENT    OF     GOVERNMENT.  133 

The  institution  of  government  at  that  period,  required  a  cautious 
and  a  skilful  hand.  There  had  been  a  long  period  of  agitation, 
during  which  the  civil  and  political  institutions  of  the  realm  of 
England  had  been  shaken  to  their  centre,  and  although  the  action 
had  now  subsided,  the  consequences  were  still  apparent.  It  had 
been  a  period  too,  of  eager  inquiry  as  well  as  of  determined  action. 
The  minds  of  men  had  been  excited  to  a  high  degree  of  activity ;  the 
true  principles  of  liberty  had  been  brought  to  light,  and  been  wide- 
ly disseminated,  and  had  taken  a  deep  and  firm  hold  in  the 
common  mind.  Their  growth  might  be  checked,  it  had  been 
checked,  but  still  these  principles  had  not  been  deprived  of  their 
vitality  or  force.  If  monarchy  had  been  restored  as  the  only  ap- 
parent means  of  bringing  settlement  and  quiet  to  the  kingdom,  yet 
the  King  was  no  longer  acknowledged  as  a  master,  to  control  at  his 
pleasure  the  destinies  of  his  people.  His  powers  were  now  to  be 
exercised,  and  could  only  be  safely  exercised,  with  a  view  to  the 
rights  and  liberties  of  the  subject. 

In  the  American  province  the  state  of  opinion  and  feeling  was 
even  farther  advanced  than  in  the  parent  country.  Many  of  the 
colonies  had  been  settled  by  persons  whose  principal  object  had 
been  the  fuller  enjoyment  of  liberty,  civil  and  religious.  The  un- 
dertaking indeed  had  not,  in  all  instances,  been  carried  on  in  the 
spirit  of  the  original  object,  exiles  for  conscience  sake  had  become 
oppressors  and  persecutors ;  the  garment  of  the  Puritan,  had  be- 
come stained  with  the  blood  of  the  Quaker.  But  still,  the  pre- 
vailing tendency,  the  general  movement,  on  both  sides  of  the 
Atlantic,  was  favorable  to  popular  freedom.  Under  these  circum- 
stances the  interest  of  the  founders  of  States  became  obvious, 
whatever  other  inducements  they  might  offer,  their  object  would 
be  most  effectually  promoted  by  making  provision  for  securing  to 
the  people  the  full  enjoyment  of  civil  and  religious  privileges  and 
rights.  This,  the  proprietors  of  New  Jersey  appeared  to  perceive, 
and  to  understand. 

Not  long  after  the  reception  of  their  patent,  measures  were 
devised  for  peopling  and  governing  the  country.  The  proprietors 
published  an  instrument  which  may  not  improperly  be  termed,  a 
Constitution,  being  a  fundamental  law,  according  to  which  the 
government  of  the  province  was  to  be  established  and  conducted. 


134  THE    ESTABLISHMENT    OF    GOVERNMENT. 

This  instrument  was  entitled  "The  Concession  and  Agreement 
of  the  Lords  Proprietors  of  the  Province  of  New  Caesarea,  or  New 
Jersey,  to,  and  with  all  and  every  of  the  adventurers,  and  all  such 
as  shall  settle  or  plant  there."  It  was  dated  February  10th,  1664.1 

This  scheme  of  government  is  entitled  to  careful  attention,  not 
only  on  account  of  its  own  character,  but  also  from  its  particular 
position  in  the  history  of  New  Jersey. 

It  provided  that  all  persons  who  are,  or  should  become  subjects 
of  the  King  of  England,  and  swear  or  subscribe  allegiance  to  the 
King,  and  faithfulness  to  the  Lords  Proprietors,  should  be  ad- 
mitted to  plant,  and  to  become  freemen  of  the  province. 

That  the  people  should^  be  secured  in  the  enjoyment  of  property; 
no  taxes  of  any  description  were  to  be  imposed,  except  such  as 
should  be  ordered  by  the  General  Assembly  of  the  province.  Full 
toleration  in  religion  was  also  allowed,  no  person  should  be  in 
any  ways  molested,  punished,  disquieted,  or  called  into  question 
for  any  difference  in  opinion  or  practice  in  matters  of  religious 
concernment,  who  should  not  actually  disturb  the  peace  of  the 
province,  but  that  all  and  every  of  such  person  or  persons,  might 
from  time  to  time,  and  at  all  times,  freely  and  fully  have  and  enjoy 
his  and  their  judgments  and  consciences,  in  matters  of  religion, 
they  behaving  themselves  peaceably  and  quietly,  and  not  using 
their  liberty  to  licentiousness,  nor  to  the  civil  injury  or  outward 
disturbance  of  others ;  any  law,  statute,  or  clause  contained  or  to 
be  continued,  usage  or  custom  of  the  realm  of  England,  to  the 
contrary  thereof,  in  any  wise  notwithstanding.2 

The  government  of  the  province  was  to  be  exercised  by  a 
Governor  and  Council  and  General  Assembly. 

The  Governor  was  to  receive  his  appointment  from  the  Pro- 
prietors. The  Council  should  be  selected  by  the  Governor;  he 


» Grants  and  Concessions  compiled  by  Learning  and  Spicer,  p.  12. 
a  And  that  the  right  of  advowson  granted  in  the  patent  to  the  proprietors, 
might  not  be  exercised  by  their  heirs  or  assigns  so  as  to  infringe  upon  liberty  of 
conscience,  the  General  Assembly  of  the  province  was  empowered  to  appoint 
such,  and  so  many  ministers  as  they  might  think  fit,  and  establish  their  main- 
tainance,  giving  liberty  besides  to  any  person  or  persons,  to  keep  and  maintain 
what  preacher  or  ministers  they  should  choose. 


THE    ESTABLISHMENT    OF    GOVERNMENT.  135 

might  make  choice  of  six  Councillors  at  least,  or  twelve  at  most, 
or  any  even  number  between  six  and  twelve. 

The  General  Assembly  formed  the  legislative  authority  of  the 
province.  It  was  composed  of  the  Governor  and  Council  and  a 
representative  body  chosen  by  the  people  in  manner  as  follows: 
So  soon  as  the  Proprietor's  commission  should  be  received  in  the 
province,  a  writ  should  be  issued  by  the  Governor  for  the  election 
of  deputies ;  they  were  to  be  chosen  by  such  of  the  inhabitants  as 
were  freemen  or  chief  agents  of  others;  the  deputies  chosen 
to  be  twelve  in  number.  But  so  soon  as  parishes  or  other  divi- 
sions of  the  province  should  be  made,  then  the  inhabitants  or 
freeholders  of  the  several  divisions  should,  by  writ  (which  it  was 
promised  should  be  issued  in  time)  annually  meet  on  the  first  day 
of  January  and  choose  freeholders  for  each  respective  division,  to 
be  deputies  or  representatives  of  the  same,  which  body  of  repre- 
sentatives, or  a  major  part  of  them,  should,  with  the  Governor  and 
Council,  form  the  General  Assembly  of  the  province.  The 
Governor  or  his  deputy  should  be  present  and  preside  in  the 
Assembly,  unless  these  officers  should  refuse,  in  which  case  the 
Assembly  might  appoint  its  own  president  for  the  time. 

The  General  Assembly  were  empowered  to  appoint  the  times 
for  their  own  meetings  and  adjournments,  and  to  determine  the 
number  of  their  quorum,  provided  that  such  number  should  not  be 
less  than  one-third  of  the  whole  number.  They  were  authorized 
to  enact  all  such  laws  and  acts  as  should  be  necessary  for  the  well 
government  of  the  province,  provided  that  such  laws  and  acts 
should  be  consonant  to  reason,  and  as  near  as  might  be,  agreeable 
to  the  laws  and  customs  of  the  realm  of  England,  and  not  contrary 
to  the  interest  of  the  Lords  Proprietors,  or  contrary  to  the  conces- 
sions. Laws  were  to  remain  in  force  for  one  year  (unless  con- 
tradicted by  the  Lords  Proprietors,)  within  which  time  they  were 
to  be  presented  to  the  Proprietors  for  approval,  and  when  con- 
firmed, were  to  be  in  force  until  repealed,  or  until  they  should 
expire  by  their  own  limitation.  The  General  Assembly  had 
power  to  constitute  all  courts,  and  to  determine  the  limits,  powers 
and  jurisdictions  of  the  same,  and  also  the  offices,  and  the  number 
of  officers  belonging  to  each  court,  with  their  respective  salaries, 
fees  and  perquisites,  with  their  appellations  and  dignities  and  the 


136  THE    ESTABLISHMENT    OF    GOVERNMENT. 

penalties  that  should  "be  due  for  the  breach  of  their  several  and 
respective  duties,  and  trusts. 

The  Assembly  might  lay  equal  taxes  and  assessments  upon  all 
lands  (excepting  the  lands  of  the  Lords  Proprietors  before  settling) 
or  upon  persons  within  the  several  divisions,  as  necessity  might 
require,  and  in  such  manner  as  should  seem  most  equal  and  easy 
to  the  inhabitants. 

Enactments  might  be  made  for  the  defence  of  the  province, 
providing  for  the  erection  of  forts,  castles,  and  other  places  of 
strength,  and  defence,  and  also  to  create  military  companies,  and 
to  make  war  with  all  Indians,  strangers  and  foreigners,  as  cause 
should  arise. 

The  Assembly  might  pass  laws  for  the  naturalization  of  strangers 
as  also  for  the  division  of  the  province  into  parishes  or  districts, 
and  for  the  apportionment  of  land  to  settlers,  in  accordance  with 
the  directions  given  by  the  Proprietors.  Acts  were  to  be  passed 
providing  for  the  maintainance  and  support  of  the  Governor,  and 
for  defraying  all  the  necessary  charges  of  the  government. 

The  Executive  department  of  the  government  was  committed 
to  the  Governor  and  Council.  The  Governor  might  appoint  a 
Secretary  of  the  province  and  also  a  Surveyor  General,  in  case 
these  officers  were  not  appointed  by  the  Proprietors  themselves. 
By  the  joint  action  of  the  Governor  and  Council,  a  Deputy  Gover- 
nor might  be  appointed,  who  should  continue  in  office  during  the 
absence  of  the  Governor,  or  in  case  of  his  death,  or  removal,  until 
farther  orders  should  be  given. 

In  case  of  the  death  or  removal  of  any  member  of  the  Repre- 
sentative body,  the  Governor  and  Council  were  to  issue  summons 
by  writ  to  the  respective  divisions  or  divisions  commanding  the 
freeholders  to  elect  others  in  their  stead.  They  should  see  that 
all  courts  established  by  the  laws  of  the  General  Assembly,  and 
all  officers,  civil  and  military,  should  execute  their  duties,  accord- 
ing to  the  laws  in  force.  They  were  to  nominate  and  commis- 
sionate  the  officers  belonging  to  the  several  courts,  (the  offices, 
with,  the  duties  appertaining  to  each,  being  determined  by  the  laws 
of  the  Assembly)  but  freeholders  only  were  to  be  appointed  to 
these  offices,  except  with  the  special  assent  of  the  General  Assem- 
bly. In  like  manner  they  were  also  to  nominate  and  commis- 
sionate  all  military  officers. 


THE    ESTABLISHMENT    OF    GOVERNMENT.  137 

The  Governor,  with  the  advice  of  his  Council,  or  without,  in 
case  of  immediate  danger,  was  to  collect  and  command  the  military 
forces  of  the  province,  and  to  suppress  all  rebellions  and  mutinies, 
as  well  by  sea,  as  by  land. 

The  Governor  and  Council  might  grant  a  reprieve  to  criminals 
after  condemnation,  but  the  power  of  final  pardon  was  reserved  to 
the  Lords  Proprietors. 

Beside  the  positive  grant  allowing  to  the  General  Assembly  the 
power  of  imposing  taxes,  a  prohibitory  article  forbade  the  exercise 
of  this  power  by  the  Governor  and  Council;  they  were  not  to 
impose  nor  suffer  to  be  imposed,  any  tax,  custom,  subsidy,  tollage, 
assessment,  or  any  other  duty  whatsoever,  upon  any  color  or  pre- 
tence, other  than  what  should  be  imposed  by  the  authority  and 
consent  of  the  General  Assembly. 

Full  provision  was  made  in  the  concessions  in  relation  to  the 
privileges  to  be  granted  to  planters ;  the  mode  of  granting  lands, 
and  the  proportions  to  be  assigned  to  settlers,  according  to  the 
time  of  their  coming,  and  the  number  and  capacity  of  the  persons, 
were  distinctly  set  forth.3 

By  a  general  provision,  it  was  made  lawful  for  the  representa- 
tives of  the  freeholders  within  the  province,  to  make,  any  address 
to  the  Lords  Proprietors  touching  the  Governor  and  Council  or 
any  of  them,  or  concerning  any  grievances  whatsoever  or  any 
other  thing  they  might  desire,  without  the  consent  of  the  Governor 
and  Council  or  any  of  them. 

Such  was  the  form  of  government  provided  in  the  concessions. 
It  embodied  many  of  the  principles  which  belong  to  the  most 
liberal  institutions.  It  gave  entire  exemption  to  the  people  from 
all  taxation  except  such  as  their  representatives  should  assent  to, 
and  as  a  farther  security  of  property,  it  gave  to  the  Assembly  the 
full  control  over  all  the  expenditures  of  government. 

Freedom  of  conscience  and  worship  was  secured  to  every  one 
who  should  conduct  himself  as  a  peaceable  citizen.  Justice  was  to 
be  administered  by  tribunals  erected  under  popular  authority,  and 
an  additional  security  against  the  arbitrary  exercise  of  power  was 
given  by  the  concession  of  an  unlimited  privilege  of  appeal  or  petition. 

3  See  Grants  and  Concessions  from  p.  12  to  26. 
18 


138  THE    ESTABLISHMENT    OF    GOVERNMENT. 

Had  the  plan  of  the  concessions  been  fully  pursued,  the  govern- 
ment established  thereby  would  have  nearly  approached  to  the  popu- 
lar character,  at  least  in  regard  to  the  legislative  department.  By  the 
increase  of  numbers  in  the  representative  branch  of  the  General 
Assembly,  the  popular  element  would  have  finally  acquired  a  de- 
gree of  strength  that  must  have  given  it  a  controlling  influence." 
But,  as  will  presently  be  seen,  the  actual  working  of  the  plan  did 
not  entirely  agree  with  its  general  theory. 

On  the  same  day  that  the  instrument  of  government  was  signed, 
Philip  Carteret,  a  brother  of  one  of  the  Proprietors,  received  a 
commission  as  Governor  of  New  Jersey.  He  made  immediate 
preparations  for  departure,  and  in  company  with  a  number  of 
persons  who  were  disposed  to  adventure  as  planters,  he  sailed 
from  England  and  arrived  in  the  province  in  August,  1665.  They 
landed  at  a  place  to  which  they  gave  the  name  of  Elizabeth,  in 
honor  of  the  lady  of  Sir  George  Carteret.5 

But  previous  to  the  arrival  of  the  Governor,  circumstances  had 
occurred  in  the  province,  which  offered  an  obstruction  to  the  pur- 
suance of  the  proprietary  measures,  and  which  proved  in  the  end 
a  source  of  serious  embarrassment  to  the  government. 

As  already  stated,  a  commission  had  been  given  to  Colonel 
Nicholls,  by  which  he  was  authorized,  on  behalf  of  the  Duke  of 
York,  to  assume  the  direction  of  affairs  throughout  the  whole  of 
the  country  that  had  been  granted  to  the  Duke. 

Nicholls  had  not  been  informed  of  the  grant  which  was  made  to 
Berkely  and  Carteret,  and  therefore  supposed  himself  to  be  in 
authority  in  the  portion  of  country  belonging  to  them,  as  fully  as 
in  other  places,  and  had  proceeded  to  exercise  his  powers  therein. 
After  the  conclusion  of  his  military  duties^  he  had  turned  his  at- 
tention to  civil  affairs  ;  for  the  purpose  of  promoting  the  settlement 
of  the  country,  he  published  "conditions  for  new  plantations," 


*  Although  the  number  of  deputies  was  limited  at  first,  yet  an  increase  of 
numbers  must  have  occurred  from  the  erection  of  new  divisions  in  the  province, 
and  as  the  Assembly,  according  to  the  obvious  intent  of  the  scheme,  would 
have  formed  but  a  single  house,  the  numerical  strength  of  the  popular  branch 
would  have  given  it  virtual  control  in  the  body. 

s  Whitehead's  History  of  East  Jersey,  p.  3G. 


THE    ESTABLISHMENT    OF     GOVERNMENT.  139 

which  conditions  were  supposed  to  be  applicable  to  the  entire 
extent  of  his  province.'  The  terms  that  were  offered  were  re- 
garded as  liberal  in  their  character,  and  were  embraced  by  a 
number  of  persons,  some  of  whom  selected  lands  within  the 
limits  of  New  Jersey.  Governor  Nicholls  held  this  portion  of 
territory  in  high  estimation,  and  had  conferred  upon  it  the  name 
of  "Albania,"  from  one  of  the  titles  of  the  Duke. of  York.  He 
had  expected  that  much  advantage  would  arise  to  his  master,  and 
perhaps  to  himself,  from  the  settlement  of  "Albania,"  and  became 
much  dissatisfied  at  learning  that  a  full  conveyance  of  the  country 
had  been  made  to  others.  He  expressed  his  disappointment  in 
decided  terms ;  he  represented  to  the  Duke  of  York  the  impolicy 
of  dividing  the  province,  and  particularly  of  parting  with  the  most 
desirable  portion,  and  finally  proposed  that  the  grant  should  be 
recalled,  or  a  composition  be  made  with  the  holders  by  assigning 
to  them  a  different  portion  of  country.7 

6  The  terms  proposed  by  Nicholls  for  acquiring  lands  within  the  territories  of 
the  Duke  of  York,  were  these.  Purchases  were  to  be  made  from  the  Indian 
Sachems,  and  recorded  by  the  Governor.  The  purchasers  were  not  to  pay  the 
Governor  for  the  liberty  of  purchasing.  The  purchasers  were  to  set  out  a  town 
and  inhabit  together;  no  one  should  at  any  time  contract  for  himself  with 
any  Sachem,  without  the  consent  of  his  associates,  or  special  warrant  from  the 
Governor.  The  settlers  were  to  be  free  from  alL  manner  of  assessment  or  rates 
for  five  years  after  their  town. plat  was  set  out,  and  when  this  time  had  expired, 
they  were  only  to  be  liable  to  the  public  rates  and  payments  according  to  the 
custom  of  other  inhabitants,  both-English  and  Dutch.  All  lands  thus  purchased 
and  possessed,  were  to  remain  with  the  purchasers  and  their  heirs,  as  free  lands 
to  dispose  of  as  they  pleased-.  "-Liberty  of  conscience  was 'to  be  allowed,  provided 
such  liberty  was  not  converted  to  licentiousness,  or  the  disturbance  of  others. 
The  several  townships  were  to  have  liberty  to  make  their  own  particular  laws, 
and  to  decide  all  small  causes-  within  themselves.  Every  township  should  be 
obliged  to  pay  their  minister  according  to  such  agreement  as  should  be  made, 
and  no  man  to  refuse  his  proportion,  the  minister  being  elected  by  the  major 
part  of  the  householders  inhabitants  of  the  town.  Every  township  should  have 
the  choice  of  their  officers,  civil  and  military,  and  all  men  who  should  take  the 
oath  of  allegiance,  and  were  not  servants  or  day  laborers,  but  were  admitted  to 
enjoy  a  town  lot,  should  be  esteemed  as  free  men  of  the  jurisdiction,  and  could 
not  forfeit  the  same  without  due  process  of  law.  Grants  and  Concessions,  p.  667. 
1  [A  portion  of  a  letter  from  Colonel  Nicholls  to  the  Duke  of  York.~] 

"I  must  now  descend  to  the  particular  occasion  of  giving  your  Royal  High- 


140  THE    ESTABLISHMENT    Or     GOVERNMENT. 

But  if  the  Duke  had  any  disposition  to  comply  with  such  a 
proposal,  he  could  not  fail  to  perceive,  that  the  season  had  passed ; 
Nicholls  was  obliged  to  acquiesce  in  the  loss  of  a  portion  of 

ness  this  trouble,  wherein  my  Lord  Berkely  and  Sir  George  Carteret  are  con- 
cerned ;  who  I  know  also  will  be  so  just  to  me,  as  to  have  me  excused  for 
manifesting  clearly  my  knowledge  to  your  Royal  Highness.  About  ten  days 
past  Captain  Bollen  shewed  me  a  letter  from  my  Lord  Berkely  and  Sir  George 
Carteret,  and  therewith  a  grant  from  your  Royal  Highness  to  them  for  all  the 
lands  on  the  west  of  Hudson  River,  as  more  fully  may  appear  in  the  said  grant; 
wherein  is  comprehended  all  the  improveable  part  of  your  Royal  Highness' 
patent,  and  capable  to  receive  twenty  times  more  people  than  Long  Island,  and 
all  the  remaining  tracts,  in  respect  not  only  to  the  quantity  of  the  land,  but  to 
the  sea  coast  and  Delaware  River,  and  lastly,  the  fair  hopes  of  rich  mines,  to 
the  utter  discouragement  of  any  that  shall  desire  to  live  under  your  Royal 
Highness'  protection.  In  short,  I  hold  myself  obliged  to  give  your  Royal 
Highness  this  account  upon  certain  knowledge,  having  exactly  considered  and 
preferred  the  advance  of  your  Royal  Highness'  reputation  in  these  parts  above 
all  considerations  or  obligations  whatsoever;  and  for  my  boldness,  I  can  at  least 
but  beg  pardon.  Neither  can  I  suppose,  that  my  Lord  Berkely  or  Sir  George 
Carteret  knew  how  prejudicial  such  a  grant  would  prove  to  your  Royal  High- 
ness, but  must  charge  it  upon  Captain  Scot,  who  was  born  to  work  mischief,  as 
far  as  he  is  credited  or  his  parts  serve  him.  This  Scot,  it  seems,  aimed  at  the 
same  patent  which  your  Royal  Highness  hath,  and  has  given  out  words  that  he 
had  injury  done  him  by  your  Royal  Highness ;  whereupon  he  contrived  and 
betrayed  my  Lord  Berkely  and  Sir  George  Carteret  into  a  design  (contrary  to 
their  knowledge,)  of  ruining  all  the  hopes  of  increase  in  this  territory,  which  he 
hath  fully  completed,  unless  your  Royal  Highness  take  farther  order  therein- 
Upon  this  tract  of  land  several  new  purchases  are  made  from  the  Indians  since 
my  coming,  and  three  towns  beginning.  I  gave  it  the  name  of  Albania,  lying 
to  the  west  of  Hudson's  River,  and  to  Long  Island  the  name  of  Yorkshire,  as  to 
this  place  the  name  of  New  York,  to  comprehend  all  the  titles  of  your  Royal 
Highness.  Far  be  it  from  me  to  aggravate  any  thing  beyond  the  bounds  of  a 
faithful  servant;  for,  when  it  may  conduce  most  for  your  Royal  Highness' 
sen-ice,  I  shall  as  freely  surrender  up  all  parts  to  your  Royal  Highness'  pleasure 
as  it  becomes  me  to  do.  I  presume  farther  to  propose  a  better  and  more  entire 
tract  of  land,  worthy  of  great  consideration,  to  my  Lord  Berkely  and  Sir  George 
Carteret,  which  is  that  part  of  Delaware  River  which  is  reduced  from  the  Dutch, 
if  it  is  not  already  disposed;  if  so,  then  that  my  Lord  Berkely  and  Sir  George 
Carteret  may  have  a  hundred  thousand  acres  along  the  sea  coast,  which  is  a 
moat  noble  tract  of  land ;  but  this  will  cost  them  £20,000  before  it  will  yield  them 
a  penny,  and  their  children's  children  may  reap  the  benefit." 

Some  time  afterwards  in  a  letter  to  Lord  Arlington,  Nicholls  farther  remarks : 


THE    ESTABLISHMENT    OF    GOVERNMENT.  141 

authority  and  to  surrender  New  Jersey  into  the  hands  of  Carteret. 
But  in  the  action  already  taken,  the  foundation  was  laid  for  no 
little  difficulty  in  future.8 

Upon  the  arrival  of  Governor  Carteret,  he  entered  at  once  upon 
the  discharge  of  the  duties  of  his  place.  He  adopted  measures  to 
invite  attention  to  the  province ;  messengers  were  sent  abroad  to 
publish  the  "  Concessions,"  and  to  set  forth  the  advantages  that 
were  offered,  both  in  the  government,  and  in  the  fortunate  situa- 
tion of  the  country.  A  rapid  accession  to  the  number  of  settlers 
rewarded  the  Governor's  efforts ;  numerous  emigrants  entered 
from  the  neighboring  settlements,  and  the  population  was  farther 
increased  by  frequent  arrivals  from  England.  At  an  early  period 
the  executive  authority  of  the  province  was  fully  established  by 
the  appointment  of  a  Council;  the  Governor  selected  for  this 
situation  Captain  Nicholas  Verlett,  Daniel  Pierce,  Robert  Bond, 
Samuel  Edsall,  Robert  Vanquellen  and  William  Pardon.  James 
Bollen  was  appointed  Secretary  of  the  province.9 

One  of  the  first  and  most  important  objects  requiring  the  atten- 
tion of  government,  was  that  relating  to  the  apportionment,  and 
the  titles  of  lands.  Lands  were  granted  out  in  accordance  with 
the  provisions  made  in  the  concessions.  These  regulations,  which 
were  farther  confirmed  by  instructions  to  the  Governor,  required 

"  My  humble  conception  and  certain  knowledge  direct  me  to  inform  your  Lord- 
ship, that  by  the  unskilfulness  of  the  informers,  the  west  side  of  Delaware  River, 
now  seated  with  Swedes,  Finns  and  Dutch,  is  crushed  between  the  Lord  Balti- 
more's patent  on  the  west  side,  and  the  Lord  Berkely's  indenture  on  the  east, 
that  the  present  inhabitants  cannot  possibly  subsist  in  so  narrow  a  compass." 
He  therefore  suggests  "  that  twenty  miles  on  each  side  of  the  River  Delaware, 
should  be  given  to  Lord  Berkely  and  Sir  George  Carteret  instead  of  the  land 
granted  to  them."  Note  in  WhiteheatTs  East  Jersey,  p.  181. 

8  Large  grants  had  already  been  obtained  in  accordance  with  the  "  Condi- 
tions" proposed  by  Nicholls.  On  the  30th  of  September,  1664,  John  Bailey,  Daniel 
Denton,  and   Luke  Watson,  under  permission  from  Governor  Nicholls,  had 
obtained  from  the  Indians  a  deed  for  land  which  afterwards  came  to  be  known 
as  the  Elizabethtown  tract.     On  the  8th  of  April,  1665,  Nicholls  confirmed 
another  purchase  to  several  individuals.     This  grant  which  is  sometimes  called 
the  Monmouth  patent,  was  the  foundation  of  the  settlement  of  Middletown  and 
Shrewsbury.  See  Grants  and  Concessions,  p.  669. 

9  The  precise  date  of  the  appointment  of  these  officers  is  not  determined. 


143  THE    ESTABLISHMENT    OF    GOVERNMENT. 

that  the  general  divisions  of  land  should  be  made  by  the  Governor 
and  Council  and  General  Assembly,  (if  any  be;)  they  were  to 
divide  all  lands  into  general  lots,  one  seventh  part  of  each  to  be 
reserved  to  the  Proprietors,  and  the  remainder  to  be  granted  to 
individuals,  or  companies.  Particular  grants  were  to  be  made  by 
the  Governor  or  his  Deputy ;  he  should  give  to  all  applicants  a 
warrant  signed  and  sealed  by  himself  and  the  major  part  of  the 
Council,  directed  to  the  Surveyor  General  or  his  Deputy,  com- 
manding him  to  lay  out  and  limit  the  grant.  The  Surveyor 
General  was  required  by  certificate  to  inform  the  Chief  Secretary 
or  Register  of  the  name  of  the  grantee,  the  date  of  the  warrant, 
the  number  of  acres,  and  the  situation  of  land,  which  certificate 
was  to  be  entered  by  the  Register  in  a  book  prepared  for  the  pur- 
pose. All  lands  were  to  be  held  in  free  and  common  socage. 
But  for  every  acre  thus  granted  there  should  be  reserved  a  yearly 
rent  of  one  penny  or  one-half  penny,  (according  to  the  value  of 
lands,)  to  be  paid  to  the  Proprietors,  their  neirs  and  assigns  for- 
ever, the  payment  to  be  made  on  the  five  and  twentieth  day  of 
March,  of  each  year,  to  begin  in  the  year  1670. 

If  lands  thus  granted  should  be  neglected,  and  not  planted  with 
a  sufficient  number  of  persons,  within  the  space  of  three-  years, 
they  might  be  disposed  of  anew,  but  lands  quietly  held,  planted 
and  possessed  for  seven  years  after  being  duly  surveyed,  should 
not  be  subject  to  any  review  or  resurvey. 

The  lands  that  were  granted  prior  to  .the  coming  of  Governor 
Carteret,  comprehending  the  beginning  of  "three  towns,"  were  held 
by  a  title  directly  adverse  to  the  proprietary  provisions. ^  They  had 
been  made  by  different  authorities,  and«upon  other  terms;  they 
Were  founded  upon  a  purchase  from  the  Indians,  and  a  confirma- 
tion or  license  ffom  Nicholls.  The  former  of  these  in  itself  was  of 
no  value  as  an  element  of  title,  it  could  only  remove  an  obstruction 
to  the  perfect  establishment  and  enjoyment  of  title.  The  risrht  to 
the  territory  was  supposed  to  have  been  vested  in  the  English 
King,  and  only  he,  or  his  grantees,  could  make  a  valid  con- 
veyance to  others.  The  confirmation  or  permission  from  Nicholls 

10  The  grants  that  had  been  confirmed  by  Nicholls  were  the  foundation  of 
the  settlements  of  Elizabeth  town,  and  Middletown  and  Shrewsbury. 


THE    ESTABLISHMENT    OF    GOVERNMENT.  143 

would  probably  have  stood,  had  the  country  at  the  time  been 
within  his  jurisdiction,  but  it  had  previously  been  conveyed,  and 
all  ownership  and  all  proper  authority  were  in  other  hands. 

No  immediate  interruption  of  harmony  resulted  from  the  con- 
trariety of  interests  and  of  claims,  that  thus  arose  in  the  province ; 
the  consequences  may  not  have  been  fully  foreseen.  At  subse- 
quent periods  various  expedients  were  resorted  to  in  order  to  re- 
move the  evil,  or  prevent  the  injury.  Some  of  the  grantees  of 
Nicholls  received  new  patents  from  the  Proprietary  government, 
and  others  disposed  of  their  claims.11  But  the  difficulty  continued 
to  exist;  many  of  these  claimants  insisted  that  they  had  already 
obtained  a  sufficient  title,  and  resolved  to  hold  to  the  rights  that 
had  thus  been  acquired,  without  any  regard  to  the  proprietary 
regulations  and  demands. . 

At  the  same  time  that  they  obtained  their  lands,  the  settlers  in 
the  province  received  grants  authorizing  the  exercise  of  particular 
privileges  and  powers.  Nicholls  had  required,  that  settlements 
should  be  made  in  companies,  that  the  planters  "  should  set  out  a 
town  and  inhabit  together,"  and  to  these  "towns"  certain  corporate 
privileges  were  allowed.  Similar  grants  were  also  made  by  Go- 
vernor Carteret.  These  grants,  which  may  properly  be  termed 
charters,  formed  instruments  of  government  by  which  the  people 
of  the  several  places  were  enabled  to  make  such  regulations  as  their 
particular  situation  required,  and  also  to  supply  any  lack  that  might 
have  existed  at  this  early  period,  from  the  imperfect  organization 
of  the  provincial  government.  The  local  charters  were  some- 
what different  in  their  conditions.  That  which  was  granted  by 
Nicholls  to  the  people  of  Middletown  and  Shrewsbury,  and  which 
was  allowed  to  continue  in  force  under  the  proprietary  government, 
and  which  was  finally  confirmed,  gave  to  the  people  important  pri- 
vileges. It  gave  full  authority  to  dispose  of  the  lands  conveyed  in 
their  patent  as  to  them  should  seem  meet.  To  exercise  their  own 


11  Governor  Carteret  himself  became  concerned  in  a  purchase  from  some  of 
the  holders  of  the  Elizabethtown  tract.  He  may  have  designed  by  the  measure 
to  lessen  the  difficulty  from  conflicting  claims,  .but  it  was  afterwards  used  as  an 
argument  against  him,  it  being  represented  as  an  acknowledgment  of  the  title 
obtained  through  Nicholls. 


144  THE    ESTABLISHMENT    OF    GOVERNMENT. 

discretion  as  to  the  employment  and  maintainance  of  minis- 
ters. That  all  cases  not  criminal  in  their  nature,  should  first  have 
a  hearing  within  their  cognizance,  and  that  no  appeal  should  be 
taken  to  a  higher  court  when  the  sum  in  issue  did  not  exceed  ten 
pounds.  That  criminal  cases  and  matters  above  ten  pounds  were  to 
be  determined  in  higher  courts,  and  appeals  to  his  Majesty  were  not 
to  be  hindered.  That  the  people  should  have  the  liberty  to  nomi- 
nate two  persons  to  fill  each  commissioned  office,  whether  civil, 
or  military,  of  whom  one  should  be  selected  and  commissioned  by 
the  Governor.  Finally,  they  were  to  be  allowed  to  make  such 
peculiar  prudential  laws  amongst  themselves,  as  might  be  deemed 
necessary.12 

An  association  which  was  formed  in  1666,  received  a  charter 
from  Governor  Carteret,  in  which  they  were  allowed  to  choose 
their  own  magistrates  for  the  government  of  the  corporation  ;  to 
select  their  own  minister  ;  to  nominate  their  military  officers 
and  justices  of  the  peace  for  the  approval  of  the  Governor,  and  to 
have  courts  to  try  all  causes  actionable  within  their  own  jurisdic- 
tion, from  which  no  appeal  should  be  taken  when  under  the  sum 
of  five  pounds.  Liberty  of  conscience  was  guarantied  short  of 
licentiousness,  and  disturbance  of  the  public  peace.  No  tax  or 
custom  to  be  imposed,  save  such  as  should  be  approved  by  the 
provincial  government,  together  with  other  particulars  agreeing 
with  the  provisions  of  the  proprietary  concessions.13 

In  the  same  year  (1666,)  an  association  was  formed  by  a  com- 
pany of  persons  in  New  England,  for  the  purpose  of  forming  a 
settlement  in  the  province  of  New  Jersey,  and  previous  to  their 
removal  they  adopted  "two  fundamental  agreements  touching 
their  intended  design,"  and  these  agreements  exhibit  a  new  feature 
of  civil  polity.  The  company  resolved  "  that  none  should  be  ad- 
mitted freemen  or  free  burgesses  within  our  town  upon  Passick 
River,  in  the  province  of  New  Jersey,  but  such  planters  as  are 
members  of  some  or  other  of  the  congregational  churches ;  nor 


12  Grants  and  Concessions,  p.  664. 

13  The  settlers  under  this  charter  were  to  settle  one  or  two  townships,  con- 
sisting of  from  forty  to  one  hundred  families,  between  Rahway  and  Raritan 
rivers.  See  note  in  Whitthead'a  East  Jersey,  p.  183. 


THE    ESTABLISHMENT    OF    GOVERNMENT.  145 

shall  any  but  such  be  chosen  to  magistracy,  or  to  carry  on  any 
part  of  civil  judicature,  or  as  deputies  or  assistants  to  have  power 
to  vote  in  establishing  laws,  or  making  or  repealing  them,  or  to 
any  chief  military  trust  or  office.  Nor  shall  any  but  such  church 
members  have  any  vote  in  any  such  elections ;  though  all  others 
admitted  to  be  planters  shall  have  the  right  to  their  proper  inheri- 
tances, and  do,  and  shall  enjoy  all  other  civil  liberties  and  privileges, 
according  to  laws,  orders,  or  grants,  which  are  or  hereafter  shall  be 
made  for  this  town." 

That  "we  shall  with  care  and  diligence  provide  for  the  main- 
tainance  of  the  purity  of  religion  professed  in  the  congregational 
churches. 

A  portion  of  this  body  upon  their  arrival  in  the  province,  held 
a  meeting  "  near  to  Elizabethtown  and  the  Town  Plots,  on  Pas- 
saick  River,"  on  the  21st  of  May,  1666,  and  resolved  that  at  the 
arrival  of  their  associates  they  would  endeavor  to  settle  together, 
and  form  one  township,  and  be  of  one  heart  and  consent  with 
God's  blessing  in  endeavoring  to  carry  on  their  spiritual  concern- 
ments, as  well  as  their  civil  and  town  affairs,  according  to  God 
and  a  godly  government.14 

The  "agreements"  entered  into  by  these  settlers,  manifested  a 
disposition  to  make  the  enjoyment  of  civil  privileges  dependent 
upon  a  certain  religious  profession  and  belief;  a  rule  of  action 
which  had  been  generally  adopted,  and  acted  upon,  in  New 
England.  It  was  fortunate  perhaps  that  no  such  principle  was 
recognized  in  the  form  of  government  which  the  Lords  Proprietors 
of  New  Jersey  had  devised;  had  it  been  otherwise,  the  religious 
intolerance  and  oppression  that  had  been  witnessed  in  New  Eng- 
land, might  have  been  revived,  to  the  injury  and  affliction  of  this 
new  province. 

A  period  of  three  years  elapsed  before  the  government  projected 
by  the  Proprietors  was  brought  fully  into  action.  Earlier  than 
this,  the  population  and  condition  of  the  province  were  not  sup- 
posed to  be  such  as  to  require,  that  a  general  representative  body 
shouid  be  chosen.  -t 


14  These  settlers  were  from  several  different  towns*  in  Connecticut     They 
established  themselves  at  Newark.  Whilehead,  p.  45. 

19 


146  THE    ESTABLISHMENT    OF    GOVERNMENT. 

But  on  the  7th  of  April,  1668,  Governor  Carteret  issued  a  pro- 
clamation requiring  the  freeholders  of  each  town  to  make  choice 
of  two  able  men  that  were  freeholders  and  dwellers  within  their 
limits,  to  be  their  Burgesses  and  Representatives  in  a  General 
Assembly,  to  be  held  at  Elizabethtown,  on  the  25th  of  May.15 
In  accordance  with  the  Governor's  direction,  deputies  were  elected 
in  the  several  towns,  and  met  together,  and  on  the  26th  of  May, 
1668,  the  first  Legislative  Assembly  in  the  history  of  New  Jer- 
sey commenced  its  proceedings. 

•••;..     •-,'•'•-       '•    \'  { .  -:~:  V   ?*«fjflb-: 

"  Whitehead,  p.  52. 


CHAPTER  IX. 

FIRST  LEGISLATIVE  PROCEEDINGS. OPPOSITION  OF  THE    PEOPLE    TO 

THE    GOVERNMENT. RETURN    OF    THE    DUTCH,  AND  RESTORATION 

OF    THE    ENGLISH    AUTHORITY. 

AT  the  first  meeting  of  the  legislative  body,  all  the  principal 
towns  in  the  province  were  found  to  be  represented.1  The  ses- 
sion seems  to  have  passed  with  a  good  degree  of  harmony,  and 
was  brief  in  its  duration ;  it  continued  but  four  days.  A  principal 
measure  was  the  enactment  of  a  bill  of  pains  and  penalties  which 
was  somewhat  remarkable  for  its  extreme  severity.  In  many 
particulars,  it  followed  the  Levitical  law;  twelve  crimes  were 
enumerated  for  which,  under  certain  circumstances,  the  punish- 
ment of  death  would  be  incurred.  But  it  was  prescribed  "that  no 
man's  life  shall  be  taken  away  under  any  pretence,  but  by  virtue 
of  some  law  established  in  the  province,  that  it  be  proved  by  the 
mouth  of  two  or  three  sufficient  witnesses." 

An  enactment  was  passed  providing  for  the  expenses  of  govern- 
ment, ordering  that  the  sum  of  thirty  pounds  should  be  raised,  by 
a  levy  of  five  pounds  on  each  of  the  towns  represented  at  the 
time.  It  was  also  enacted  that  the  Assembly  should  meet  on  the 
first  Tuesday  in  November  of  every  year,  until  they  should  see 
cause  to  alter  the  said  time  of  meeting,  and  that  the  deputies  of 
each  town  should  be  chosen  on  the  first  of  January  according  to 
the  concessions ;  and  for  the  absence  of  any  deputy,  he  should  be 
liable  to  pay  forty  shillings  for  every  day's  absence,  as  a  fine  to 
the  county,  unless  the  Assembly  should  see  cause  to  remit  the 


1  The  following  Burgesses  appeared,  for  Bergen,  Gasper  Steenmetts  and 
Balthazar  Bayard ;  for  Newark  upon  Pishawack  River,  Captain  Robert  Treat 
and  Samuel  Swarne;  for  Elizabethtown,  John  Ogden,  Sen'r.  and  John  Brack- 
ett;  for  Woodbridge,  John  Bishop  and  Robert  Dennis;  for  Middletown,  James 
Grover  and  John  Bound,  the  last  named  also  represented  Shrewsbury. 

Grants  and  Concessions,  p.  77. 


148  FIRST    LEGISLATIVE    PROCEEDINGS. 

same.  Extraordinary  meetings  of  the  Assembly  might  be  called 
at  the  discretion  of  the  Governor  and  Council,  "as  the  necessity 
and  weighty  affairs  of  the  province  should  require."  Some 
other  enactments  were  made  and  several  matters  were  deferred 
for  future  consideration.  The  deputies  informed  the  Governor 
and  Council,  that  they  had  perused  the  contents  of  the  several 
acts  presented  to  them,  and  they  thought  it  needful  that  laws 
should  be  made,  "  but  by  reason  of  the  week  so  near  spent  and 
the  resolution  of  some  of  our  company  to  depart,  and  the  meeting 
to  surcease  for  the  present,  they  were  necessitated  to  refer  the 
full  consideration  of  them,  until  the  next  session  of  the  Assembly." 

The  Assembly  then  adjourned  to  the  3d  of  November  .next 
ensuing. 

The  second  meeting  of  the  General  Assembly,  took  place  ac- 
cording to  previous  adjournment,  on  the  3d  of  November  of  the 
same  year  (1668.)  At  an  early  period  of  the  session  the  defects 
in  the  government  of  the  province  began  to  be  manifested.  The 
powers  to  be  exercised  by  the  different  departments  were  suffi- 
ciently determined;  the  authority  assigned  to  the  General  Assembly 
was  fully  defined,  and  it  was  such  as  properly  belonged  to  the 
body ;  the  general  aim  was  just.  But  the  body  was  so  constituted  as 
to  render  harmonious  action  in  the  pursuit  of  the  aims  proposed, 
extremely  uncertain  and  difficult.  The  two  branches  of  which 
the  Assembly  was  composed,  were  entirely  different  in  origin,  one 
being  chosen  by  the  people,  and  the  other,  appointed  by  the  Lords 
Proprietors,  or  by  the  Governor.  The  points  of  agreement  be- 
tween these  divisions,  were  not  sufficient  in  number  or  strength  to 
secure  accordance  in  action,  and  yet  the  respective  forces  were 
balanced  so  nearly  as  to  prevent  the  decided  preponderance  of 
either.  The  number  of  members  in  the  proprietary  branch,  was 
nearly  equal  to  the  whole  of  the  deputies.  But  in  this  particular 
a  change  would  have  gradually  occurred  from  the  increase  of 
population,  and  the  consequent  addition  to  the  representative  body.2 

a  The  number  of  representatives  in  this  Assembly  was  increased  by  the  ad- 
dition of  two  deputies  from  Delaware  River,  they  were  Peter  Jegon  and  Fa- 
brus  Outout  The  whole  number  elected  at  this  time,  was  fourteen,  but  the 
representatives  from  Middletown  and  Shrewsbury  being  dismissed,  the  number 
sitting  was  the  same  as  at  the  former  session. 


FIRST    LEGISLATIVE    PROCEEDINGS  149 

But  this  advantage  to  the  popular  interest  was  entirely  prevented 
by  the  separate  meeting  of  the  branches,  a  mode  of  procedure 
which  would  render  numerical  force  of  no  effect;  in  separate 
chambers,  the  smaller  body  might  effectually  control  the  larger. 

A  number  of  acts  of  minor  importance  were  passed  or  assented 
to,  but  the  manner  in  which  the  business  of  the  session  was  con- 
ducted, was  soon  productive  of  embarrassment,  and  perhaps  of 
irritation.  What  particular  circumstances  led  to  this  course  of 
procedure,  whether  it  resulted  from  a  different  construction  of  the 
terms  of  the  concessions,  or  from  the  mere  determination  of  one 
of  the  branches,  is  a  matter  that  is  left  to  conjecture.  But  it  led 
to  an  open  disagreement.  On  the  third  day  of  the  session  a  mes- 
sage was  sent  by  the  deputies  to  the  Governor  and  Council,  to  the 
following  effect: 

"  We  finding  so  many  and  great  inconveniences  by  our  not  sit- 
ting, together,  and  your  apprehensions  so  different  from  ours,  and 
your  expectations  that  tilings  must  go  according  to  your  opinions, 
though  we  see  no  reason  for,  much  less  warrant  from  the  conces- 
sions ;  wherefore  we  think  it  vain  to  spend  much  time  of  returning 
answers  by  writing  that  are  so  exceeding  dilatory,  if  not  fruitless 
and  endless,  and  therefore  we  think  our  way  rather  to  break  up 
our  meeting,  seeing  the  order  of  the  concessions  cannot  be  at- 
tended to." 

The  Governor  and  Council  replied  that  "in  answer  to  your  last 
proposition,  we  desire  you  to  appoint  two  of  your  deputies  to 
consider  with  us  in  what  point  we  act  contrary  to  the  concessions, 
it  being  too  late  to-night  to  entertain  so  long  a  debate,  we  will  be 
ready  to-morrow  morning  to  give  them  a  hearing,  and  if  reason 
will  satisfy  you,  we  shall  be  very  well  pleased  that  you  proceed 
according  to  the  Lords  Proprietors  concessions,  and  the  trust  re- 
posed in  you,  if  not  you  may  do  what  you  please,  only  we  advise 
you  to  consider  well  of  your  resolutions  before  you  break  up."3 


3  Grants  and  Concessions,  p.  90.  According  to  a  fair  interpretation  of  the 
terms  of  the  concessions,  the  two  branches  were  not  only  to  sit  together  in  one 
chamber,  but  to  act  together  as  one  body ;  the  latter  particular  however  may 
not  be  so  clearly  determined  as  the  former.  But  an  entire  separation  took 
place. 


150  OPPOSITION  OF  THE  PEOPLE  TO  THE  GOVERNMENT. 

The  next  day  the  Assembly  adjourned  sine  die,  and  seven 
years  elapsed  before  another  convened. 

Beside  the  want  of  harmony  between  the  different  branches  of 
of  the  legislative  body,  other  circumstances  occurred  in  the  course 
of  this  session,  calculated  to  have  a  disturbing  effect.  As  already 
noticed,  the  people  of  Middletown  and  Shrewsbury  had  received 
a  grant  of  land  with  a  charter  of  privileges  from  Governor 
Nicholls,  but  no  confirmation  had  yet  been  obtained  from  the  pro- 
prietary government.  Delegates  from  these  towns  had  been  sent 
to  the  first  provincial  Assembly,  and  had  acted  therein,  giving 
their  assent  to  the  laws  at  that  time  enacted,  and  amongst  others, 
to  the  enactment  for  raising  a  sum  of  money  to  defray  the  ex- 
penses of  the  government.  But  the  people  of  these  places  refused 
to  submit  to  the  requirements  of  the  Assembly  ;  they  would  not 
allow  the  laws  to  be  published,  or  any  levy  to  be  made  within 
their  limits,  asserting  that  they  were  authorized  by  their  charter 
to  pass  all  necessary  laws,  for  themselves.  This  was  a  virtual 
assertion  of  independent  authority,  though  they  had  acknowledged 
the  existing  government  by  the  election  of  deputies  in  accordance 
with  the  Governor's  proclamation,  as  well  as  by  the  action  of 
their  representatives  as  a  part  of  the  legislative  body.  Under 
these  circumstances  the  representatives  sent  by  these  towns  at 
the  second  session  of  the  General  Assembly,  were  not  allowed 
to  take  their  seats,  unless  they  would  first  subscribe  the  oaths  of 
allegiance  and  fidelity  to  the  government.  This  they  refused  to 
do,  except  with  certain  limitations,  and  they  were  consequently 
refused  admittance.  An  act  was  then  passed  by  the  Assembly, 
appointing  commissioners  to  visit  these  places,  and  to  demand  the 
amount  that  was  due  on  account  of  the  former  requisition,  and 
also  a  farther  sum  then  ordered  to  be  raised,  and  the  commissioners 
were  authorized,  if  necessary,  to  take  the  said  sums  by  way  of 
distress,  and  that  the  General  Assembly  would  save  them  harm- 
less. The  commissioners  were  also  authorized  to  demand  "  the 
positive  resolution  of  the  inhabitants"  as  to  their  submission  to 
the  government  of  the  province. 

What  effect  was  produced  by  these  measures  is  not  known, 
as  the  subsequent  suspension  of  the  Assembly  caused  an  entire 
interruption  in  the  regular  course  of  affairs. 


OPPOSITION  OF  THE  PEOPLE  TO  THE  GOVERNMENT.  151 

The  action  of  the  Middletown  settlers  was  the  first  manifesta- 
tion of  actual  hostility  to  the  proprietary  government.  But  the 
elements  of  opposition  existed,  and  the  occurrences  just  noticed 
were  well  calculated  to  bring  them  into  active  operation.  A  period 
too,  was  now  approaching  which  would  be  likely  to  test  the  dis- 
positions of  the  people,  and  thus  to  afford  an  occasion  for  increased 
activity  on  the  part  of  those  who  were  not  well  affected.  This 
occasion  was  the  time  for  the  payment  of  quit  rents,  which  oc- 
curred on  the  25th  of  March,  1670. 

Immediate  and  general  opposition  was  manifested.  The  principal 
agitators  were  those  who  were  holders  of  lands  which  had  been 
purchased  from  the  Indians,  by  permission  from  Governor  Nicholls, 
and  among  these  persons  the  people  of  Elizabethtown  became 
somewhat  conspicuous.  They  asserted  that  they  had  already 
paid  for  their  lands,  and  that  their  rights  had  been  recognized  by 
an  officer  who  was  believed  to  be  properly  qualified,  and  that  ac- 
cording to  the  terms  of  the  grant,  they  were  to  enjoy  their  pro- 
perty, as  free  lands.  These  declarations  though  correct  as  state- 
ments of  facts,  were  yet  wholly  wanting  in  force.  A  purchase 
from  the  natives,  in  itself,  would  give  no  title,  and  Governor 
Nicholls  had  no  authority  at  the  time,  to  make  any  conditions,  or 
agreements  whatever.  These  settlers  too,  had  continued  in  the 
province  after  the  establishment  of  the  existing  government,  and 
with  a  perfect  knowledge  of  its  provisions ;  they  had  participated 
in  the  privileges  and  the  protection  it  granted,  and  some  had  taken 
the  oaths  of  allegiance.  An  obligation  had  thus  been  formed  to 
comply  with  the  regulations  that  had  come  into  force.  But  beside 
these  persons,  there  were  found  in  the  ranks  of  the  disturbers, 
many  who  had  acquired  their  claims  to  land  under  the  authority 
of  the  proprietary  government.  In  regard  to  these  individuals  no 
plea  whatever  could  be  found  to  extenuate  their  opposition  to  the 
present  demand.  They  had  taken  up  property  after  being  fully 
apprized  of  the  terms,  and  their  unwillingness  to  abide  by  the 
agreement  must  be  regarded  as  evidence,  that  they  were  more 
sensible  to  the  calls  of  interest,  than  to  the  demands  of  justice. 
But,  whether  with  or  without  a  plea,  a  large  number  of  the  settlers 
utterly  refused  to  comply  with  the  demands  of  the  Proprietors. 

Governor  Carteret  endeavored  to  uphold  the  authority  and  to 
enforce  the  demands  of  the  government. 


152     OPPOSITION  OF  THE  PEOPLE  TO  THE  GOVERNMENT. 

The  people  were  urged  to  take  out  patents  for  lands,  and  the 
several  corporations  were  warned  to  admit  no  persons  to  the  rights 
of  citizens,  until  they  had  complied  with  the  regulations  and  laws 
of  the  province.  But  warnings  and  demands  were  alike  disre- 
garded, and  during  a  period  of  two  years  the  state  of  the  province 
may  truly  be  characterized  as  one  of  utter  misrule.  At  length 
the  opponents  of  the  proprietary  authority  formed  a  determination 
to  establish  a  separate  government.  Deputies  were  elected  by 
the  disaffected  inhabitants  in  the  several  towns,  and  the  members 
so  chosen  convened  at  Elizabethtown  on  the  14th  of  May,  1672, 
claiming  to  be  the  true  representative  body  of  the  province.  A 
new  Governor  was  also  selected.  This  individual  was  James 
Carteret,  an  illegitimate  son  of  Sir  George,  a  young  man  who  had 
probably  visited  the  country  rather  with  a  view  to  be  free  from 
restraint,  than  to  exercise  authority  himself.  He  entered  upon 
office  in  virtue  of  authority  delegated  to  him  by  the  people,  through 
the  Assembly.  But  besides  this,  he  set  up  a  claim  to  the  govern- . 
ment  under  the  pretence  of  a  grant  from  his  father,  which  however, 
was  never  produced,  and  which  there  was  nothing  whatever  to  con- 
firm, and  the  countenance  given  to  this  claim  by  the  new  Assem- 
bly, whilst  it  manifested  a  desire  to  justify  their  proceedings  by  an 
apparent  regard  to  the  rights  of  the  Proprietors,  showed,  at  the 
same  time,  a  grievous  want  of  a  proper  regard  to  truth.  Many 
acts  of  injustice  and  severity  were  committed  under  the  direction 
of  the  pretended  government  which  had  thus  been  erected,  legal 
officers  of  the  province  were  imprisoned,  and  their  estates  confis- 
cated, and  a  complete  subversion  of  the  proper  authorities  seemed 
nearly  at  hand.4 


4  The  disturbances  that  occurred  in  other  parts  of  the  province  seem  not  to 
have  extended  to  the  settlements  on  the  Delaware.  The  people  there  did  not 
participate  in  the  resistance  to  Governor  Carteret's  authority.  The  exact  situa- 
tion of  this  part  of  the  province  however,  during  this  first  period  of  Carteret's 
administration,  is  not  fully  determined.  It  has  been  seen  that  upon  the  recovery 
of  the  country  upon  the  Delaware  from  the  Dutch,  an  agreement  was  made,  with 
the  people  securing  them  in  the  enjoyment  of  certain  privileges  and  rights,  under 
the  authority  of  the  King.  The  claim  of  Maryland  on  the  western  side  of  the  river, 
being  put  back  by  the  superior  authority  of  the  Sovereign,  the  government  was 
administered  by  Nicholls  or  officers  appointed  by  him,  until  the  further  pleasure 
of  the  King  should  be  known.  The  conveyance  from  the  Duke  of  York  to 


OPPOSITION  OF  THE  PEOPLE  TO  THE  GOVERNMENT.  153 

Finding  that  all  power  to  enforce  the  laws  of  the  province  was 
lost,  the  Governor's  Council  advised  that  he  should  return  to 
England,  and  give  full  information  to  the  Proprietors  of  the  state" 
of  affairs,  and  receive  from  them  such  further  instructions  as  the 
present  emergency  might  be  thought  to  require.  This  counsel  the 
Governor  determined  to  follow.  John  Berry  was  appointed  to 
serve  as  Deputy  Governor  during  his  absence,  and  soon  after- 
wards, in  company  with  James  Bollen,  the  Secretary  of  the 
province,  he  departed  for  England. 

The  Lords  Proprietors  gave  the  provincial  officers  a  gracious  re- 
ception. The  favor  of  the  Duke  of  York  was  also  secured;  at  the 
request  of  the  Proprietors  the  Duke  addressed  a  letter  to  Governor 
Lovelace  of  New  York,  bearing  date  November  25th,  1672,  in 
which  instructions  were  given  in  relation  to  the  disturbances  that 

Berkely  and  Carteret  placed  the  territory  on  the  eastern  side  of  the  river,  under 
the  proprietary  rule,  and  in  1668,  as  has  been  seen,  deputies  from  that  portion 
of  the  province,  formed  a  part  of  the  Assembly  of  New  Jersey.  On  the  western 
side  of  the  river,  government  was  continued  under  the  direction  of  Nicholls; 
a  garrison  of  twenty  men  was  established  at  New  Castle,  under  the  command 
of  Captain  Carre,  and  he,  with  a  Council  of  six  persons,  had  the  control  of  all 
affairs,  only,  that  in  "matters  of  difficulty  or  importance"  he  was  to  have  re- 
course by  way  of  appeal  to  the  Governor  and  Council  of  New  York.  The 
same  mode  of  government  was  continued  under  Governor  Lovelace.  He  ordered 
that  a  duty  of  ten  per  cent,  should  be  collected  at  Hoarkill  upon  all  goods  im- 
ported into  the  Delaware,  and  also  upon  all  exports,  and  appointed  Martin 
Preiger  to  collect  the  same.  In  some  particulars  the  Governors  of  New  Jersey 
and  New  York  proceeded  in  concert.  In  1671  they  concerted  measuies  for 
the  suppression  of  Indian  disturbances  on  the  Delaware,  and  it  was  agreed  that 
nothing  should  be  done  without  mutual  advice  and  consent  of  both  Governors, 
unless  upon  extraordinary  occasions,  where  advantage  against  the  enemy  might 
be  suddenly  taken.  In  1672  the  government  of  New  York  gave  corporate 
powers  to  the  town  of  New  Castle ;  the  authorities  consisted  of  a  bailiff  and  six 
assistants.  The  English  laws  were  to  be  established  in  the  town,  and  among 
the  inhabitants  on  both  sides  of  the  Delaware.  Whether  this  extension  of 
authority  was  actually  attempted  in  New  Jersey,  at  the  time,  is  not  known,  but 
the  situation  of  the  province  was  such,  that  no  resistance  to  such  an  encroach- 
ment would  probably  have  been  made.  The  authority  erected  at  New  Castle 
was  maintained  by  the  government  of  New  York,  resisting  and  finally  defeating 
the  attempts  of  the  people  and  government  of  Maryland  to  recover  the  country, 
and  afterwards,  as  will  be  seen,  infringing  upon  the  rights  of  New  Jersey. 
20 


164        OPPOSITION  OF  THE~PEOPtE  f  &  THE  GOVERNMENT,. 

Jiad  occurred  in  New  Jersey,  Lovelace  was  directed  to  take  notice 
himself,  and  when  occasion  should  offer,  to  make  known  to  the  per- 
sons concerned,  and  to  all  others,  that  the  Duke  woujd  countenance 
nothing  which  wouldjlerogate  in  the  least  from  the  grant  he  had  for- 
merly made  to  the  Proprietors  of  the  province,  and  the  Governor 
was  further  instructed  to  give  aid  and  assistance  to  the  proprietary 
authorities  for  the  restoration  of  o"rder-and  quiet.  The  "pretended 
grants"  from  Colonel  Nicholls  were  also  expressly  mentioned,  and 
were  declared  by  the  Duke  to  be  entirely  void.5  The  interposition 
of  the  King  was  also  procured ;  a  missive  was  directed  by  him  to 
Deputy  Governor  Berry,  confirming  his  appointment,  and  enjoin- 
ing upon  all  persons  obedience  to  the  government  of  the  Lords 
Proprietors.  At  the  same  time,  measures  were  adopted  by  the 
Lords  Proprietors  themselves,  to  preserve  their  interests  and  main- 
tain their  authoirity.  They  issued  "A  Declaration  of  the  true 
intent  and  meaning  of  us  the  Lords  Proprietors  and  explanation  of 
their  Concessions."  This  explanation  however  was  in  fact  a  real 
alteration,  changing  the  concessions  in  several  important  particu- 
lars. The  authority  that  had  been  granted  to  the  General  Assem- 
bly was  greatly  reduced.  The  power  of  determining  the  times 
of  meetings  and  adjournments  which  had  belonged  to  the  Assembly 
itself,  was  committed  to  the  Governor  and  Council,  so  also  was 
that  to  constitute  courts  in  particular  corporations,6  and  to  establish 
regulations  for  the  allotment  of  lands*  The  right  of  advowson 
claimed  by  the  Lords  Proprietors  and  which  they  had  granted 
to  the  General  Assembly,  was  resumed  and  given  to  the  Gov- 
ernor and  Council,  subject  to  the  nomination  by  the  several  cor- 
porations. The  authority  of  the  executive  body  was  further 
extended  in  regard  to  the  appointment  of  the  officers  of  the  pro- 
vince, both  civil  and  military. 

It  was  also  directed  that  in  all  General  Assemblies  the  Governor 
and  his  Council  were  to  sit  by  themselves,  and  the  Deputies  or 
Representatives  to  form  a  separate  chamber.  These  changes 
gave  almost  a  new  character  to  the  concessions. 

*  Grants  and  Concessions,  p.  32. 

6  It  was  ordered  that  no  more  corporations  should  be  established  without  the 
special  order  of  the  Lords  Proprietors. 


OPPOSITION  OF 'THE   PEOPLE  TO  THE -GOVERNMENT.     '         155 

•**  *  t       •  • 

A  general  declaration  was  made  at  the  same  time,  directed  to 
the  people  of  the  province ;  imwhich,  the  Proprietors  declared  that 
all  lands  that  had  been  granted  by  Governor  Carteret  according 
to  the  terms  prescribed,  should  remain  to  the  owners  and  their 
heirs,  forever,  they  performing  the  obligations  they  had  entered 
into.  But  any  claim  founded  upon  grants  from  Colonel  Nicholls 
the  Proprietaries  utterly  disowned,  unless  the  holders  should 
patent  their  lands  anew  and  pay  the  quit-rent,  in  whi<jh  case,  but 
not  otherwise,  they  should  enjoy  their  tracts  under  the  laws  of  the 
province.  Instructions  were  also  given  to  the  Governor  and 
Council  directing  that  land  should  be  purchased  from  the  Indians 
in  the  name  of  the  Lords  Proprietors,  and  that  the  expenses 
should  be  reimbursed  by  individual  purchasers,  at  the  same  rate. 
The  final  payment  of  all  quit-rents  was  deferred,  being  directed  to 
be  made  in  three  years  from  1673. 

The  several  orders  and  documents  that  had  been  issued  were 
received  by  Governor  Berry,  and  were  published  in  the  province 
in  May,  1673.  '  ''  £> 

But  Lofrti  Berkely,  one  of  the  'Proprietors  who"  had  become 
alarmed  at  the  insubordination  that  had  been  shown,  and  dissatis- 
fied with  the  prospect  of 'pecuniary  advantage,  had  already  dis- 
posed of  his  interest  in  the  province.  He  parted  with  the  whole 
of  his  right  and  title  on  the  18th  of  March,  1673. 

The  course  of  conduct  that  was  pursued  by  the  settlers  of  New 
Jersey,  or  by  that  portion  of  them  who  were  concerned  in  the 
disturbances  that  have  been  noticed,  can  in  no  wise  be  justified. 
The  change  that  occurred  at  the  establishment  of  the  proprietary 
government  may  not  have  been  fortunate  for  those  who  had 
already  made  purchases  of  land  by  the  authority  of  Nicholls ;  the 
conditions  granted  by  him  were  liberal  in  many  particulars.  But, 
as  already  observed,  he  had  no  authority  at  the  time  to  make 
any  conditions  whatever.  The  provisions  of  the  proprietary 
government  may  not  have  been  equally  favorable,  and  in  some 
respects  they  were  not,  but  whatever  they  might  be,  they  became 
binding  upon  all  those  persons  who  chose  to  remain  in  the 
province,  and  still  more  upon  such  as  deliberately  entered,  after 
the  government  had  come  into  force.  It  has  been  remarked  by  an 
author  of  the  highest  repute,  that  "  the  colonists  felt  conscious  of 


156  RETURN  OF  THE  DUTCH. 

their  ability  to  take  care  of  themselves."7  But  whether  they  were 
able  to  provide  for  themselves,  or  not,  was  far  from  the  question 
in  issue  ;  they  had  entered  either  tacitly,  or  formally,  into  terms 
with  the  Lords  Proprietors,  and  there  was  no  other  point  to  be 
determined,  than  whether  they  would  stand  by  the  agreement  they 
had  formed.  Whatever  plea  to  the  contrary  might  be  raised  sub- 
sequent to  the  alterations  of  the  proprietary  concessions,  nothing 
had  previously  occurred  that  could  impair  the  obligation  the  colo- 
nists were  under. 

Whether  the  measures  that  had  been  adopted  by  the  Lords 
Proprietors  for  the  restoration  of  order,  would  have  been  attended 
with  full  success,  there  was  no  opportunity  to  determine.  Before 
the  period  of  trial  had  expired,  the  country  had  passed  into  other 
hands. 

Besides  those  disturbances  which  were  of  domestic  origin,  the 
province  was  also  to  be  agitated  in  consequence  of  its  connexion 
with  countries  abroad. 

The  peace  in  Europe  was  broken;  in  March,  1672,  war  was 
declared  against  the  Republic  of  Holland  by  Charles  the  English 
King,  in  conjunction  with  Louis  XIV  of  France.  The  American 
provinces  became  again  the  theatre  of  hostile  movements  though 
the  order  of  action  was  now  reversed;  the  Dutch  became  the 
assailants.  A  squadron  had  been  dispatched  from  Holland  for 
the  purpose  of  destroying  the  commerce  of  the  English  colonies, 
and  after  various  attempts  upon  different  parts  of  the  coast,  it  ap- 
peared before  New  York,  the  ancient  seat  of  the  Dutch  dominion. 
The  arrival  occurred  at  a  most  favorable  period  for  the  attainment 
of  the  object  in  view.  Lovelace,  the  Governor,  was  absent,  and 
the  chief  command  had  devolved  upon  Captain  Manning.  The 
conduct  of  this  officer  gave  sufficient  evidence  of  his  unfitness  for 
the  trust,  and  has  consigned  his  name  (according  to  general 
esteem)  to  a  place  in  military  annals,  as  little  to  be  envied  as 
almost  any  throughout  their  range.  The  place  was  surrendered 
without  any  attempt  at  defence,  and  without  any  conditions ;  and 
full  possession  was  taken  by  the  Dutch  on  the  30th  of  July, 


'  Bancroft.  The  remarks  of  this  author  however,  in  relation  to  this  point  were 
afterwards  materially  changed.  See  Whitehead,  p.  56. 


RETURN  OF  THE  DUTCH.  157 

1673.  The  fall  of  New  York  was  immediately  followed  by 
the  subjection  of  the  surrounding  country,  including  the  pro- 
vince of  New  Jersey;  the  Dutch  had  recovered  their  former 
possession. 

At  an  early  period  a  proclamation  was  issued  setting  forth  their 
views  and  intentions ;  it  guarantied  to  the  settlers  the  enjoyment 
of  their  rights  and  privileges,  on  condition  of  swearing  allegiance 
to  the  States  General  of  Holland.  It  required  the  attendance  at 
New  Orange,  (as  they  called  the  city  of  New  York,)  of  all  the 
magistrates  and  constables  from  the  surrounding  country,  includ- 
ing East  Jersey,  and  the  settlements  on  Delaware  Bay.  Most  of 
these  officers  attended  and  took  the  oaths  as  prescribed.  These 
proceedings  were  directed  by  the  naval  commanders  and  captains 
who  had  been  constituted,  or  constituted  themselves  into  a  body 
for  the  establishment  and  ordering  of  government.8 

Captain  Anthony  Colve  was  appointed  as  the  Chief  Adminis- 
trative Officer.  Application  was  soon  made  to  the  new  authorities 
by  a  number  of  the  English  settlers  in  New  Jersey,  particularly 
those  of  Elizabethtown,  Newark  and  Piscataway,  praying  that 
their  rights  and  privileges  under  the  present  organization  might 
be  more  fully  made  known.  The  application  was  immediately 
acted  upon.  The  petitioners  were  assured  that  they  should  be 
protected  in  the  possession  of  their  lawfully  acquired  lands,  that 
they  should  be  placed  on  the  same  ground  as  the  Hollanders,  in 
regard  to  their  civil  privileges,  and  in  case  of  peaceable  behaviour, 
that  they  should  not  be  required  to  take  up  arms  against  the 
English  people  or  government.  The  laws  of  the  Netherlands 
were  to  determine  the  descent  of  property,  but  all  persons  should 
be  left  at  liberty  to  dispose  of  it  by  will,  according  to  their  dis- 
cretion. Liberty  of  conscience  was  also  promised  to  the  same 
extent  as  in  the  mother  country.9  These  assurances  seem  to  have 
given  satisfaction  to  the  petitioners,  as  well  as  to  the  other  inhabi- 
tants of  the  province.  But  as  a  further  means  of  securing  quiet, 
and  fixing  the  acquiescence  of  the  people,  it  was  thought  neces- 

8  The  Commanders  were  Benckes  and  Evertzen,  the  Captains  were  Colve, 
Boes  and  Van  Tyle. 

•  Whitehead,  p.  60. 


158  RESTORATION    OF    ENGLISH    AUTHORITY.         .. 

sary  to  appoint  Commissioners  to  visit  the  several  settlements  .. 
within  the  limits  of  "  Achter  Kol"  as  the  province  of  New  Jersey 
was  called,  and  to  require  that  each  of  the  inhabitants  should  take 
the  oath  of  allegiance ;  and  this  was  done  in  most  of  the  towns. 
Provisional  instructions  were  also  given  to  the  magistrates  and 
officers  in  different  parts  of  the  province,  directing  them  as  to  the 
mode  of  conducting  affairs.  But  after  a  period,  a  more  permanent 
plan  was  devised ;  a  meeting  of  the  authorities  and  the  principal 
officers  of  the  province  was  held,  and  a  code  of  general  laws  was 
prepared.  These  laws  were  promulgated  on  the  18th  of  Novem- 
ber, "-By  the  Schout  and  Magistrates  of  Achter  Kol  Assembly, 
held  at  Elizabethtown,  to  make  laws  and  orders." 

The  provisions  of  this  code  were  mild  and  liberal,  and  the  pre- 
servation of  religion  and  morals  seems  to  have  been  as  much  an 
object  of  care,  as  the  regulation  of  civil  privileges  and  rights. 
The  government  thus  established  was  conducted  in  a  manner 
agreeing  in  a  great  degree  with  the  spirit  of  the  laws ;  the  persons 
and  property  of  the  people  were  generally  protected  and  made 
secure,  whilst  moral  and  religious  observances  were  recommended 
and  enforced.10  Officers  were  appointed  to  have  charge  in  the 
several  towns.  Peter  Alrich  was  commissioned  as  Commandant 
in  the  country  upon  the  Delaware ;  he  was  instructed  to  require 
the  inhabitants  to  take  the  oath  of  allegiance,  and  was  directed 
also  "to  support  the  true  Christian  doctrine  as  it  accords  with  the 
Synod  of  Dortretcht,  and  not  permit  any  doctrine  repugnant 
to  it."11 

But  all  the  provisions  for  the  establishment  and  maintainance 
of  government  were  rendered  of  little  effect  in  consequence  of-  an 
early  change  in  the  state  of  European  affairs.  On  the  9th  of 
February,  1674,  a  treaty  of  peace  was  concluded  between  England 


10  Private  property  was  not  respected  in  all  instances.  Colve  directed  that 
the  arms  and  other  goods  of  the  late  Governor  Carteret  should  be  transmitted 
to  William  Hendrick,  and  afterwards,  directions  were  given  that  certain 
persons  who  were  said  to  have  obstructed  the  execution  of  this  order,  should 
be  apprehended  and  carried  before  the  Governor. 

See  note  in  Whitehead,  p.  62. 
"  Acrelius. 


RESTORATION    OF    ENGLISH    AUTHORITY.  159 

and  Holland^  By  the  sixth  article  of  this  treaty  it  was  provided 
"  That  whatever  lands,  towns,  or  forts  had  been  reciprocally  taken 
since  the  beginning  of  the  war,  shall  be  restored  to  their  former 
possessors."  In-consequence  of  this  agreement,  the  whole  of  the 
territory  that  had  been  taken  possession  of  by  the  Dutch,  includ- 
ing "Achter  Kol"  or  New  Jersey,  was  delivered  back  to  the 
English,  and  the  latter  nation  afterwards  continued  in  possession 
until  the  time  of  the  war  which  gave  independence  to  the  American 
colonies. 

But  the  occupation  of  New  Jersey  by  the  Dutch,  and  its  restora- 
tion to  the  English,  gave  rise  to  a  new  difficulty  in  regard  to  the 
proprietary  interests  and  claims.  It  became  a  subject  of  doubt, 
whether,  during  these  mutations  the  claims  of  the  Proprietors  had 
been  merely  suspended,  or  whether  they  had  not  been  entirely 
extinguished  and  lost.  It  was  supposed  or  apprehended,  that  in 
the  course  of  such  changes,  the  country  might  have  been  put  back 
in  regard  to  its  political  condition  into  the  same  state  that  had  existed 
before  the  grants  to  the  Duke  of  York,  and  to  Berkely  and  Car- 
teret,  had  been  made.  Being  restored  by  the  treaty  to  the  English 
Sovereign,  he,  upon  the  supposition  just  mentioned,  would  be 
reinstated  in  his  rights,  and  all  after  claimants  be  completely 
divested.12  The  question  was  one  of  too  much  intricacy  to  be 
easily  determined,  and  yet  of  too  much  importance  to  be  left  open 
to  doubt.  As  the  only  mode  of  cutting  off  objection  and  curing 
any  defect  that  might  exist,  or  be  supposed  to  exist,  it  was  re- 
solved that  an  entirely  new  conveyance  should  be  made.  Accord- 
ingly on  the  29th  of  June,  1674,  his  Majesty's  Letters  Patents 
were  issued  giving  to  his  Royal  Highness,  James  the  Duke  of 
York,  the  same  portion  of  country  that  had  been  conveyed  to  him 
in  the  former  grant.  The  conveyance  was  made  nearly  in  the 
same  terms  as  the  original  one.13 


*a  The  situation  of  the  country  when  restored  to  the  King  might  be  consid- 
ered as  somewhat  different  from  its  state  at  the  time  the  original  grants  were 
made.  At  that  time  it  was  held  by  right  of  descent,  it  might  now  be  claimed 
from  conquest,  and  the  power  of  the  King  over  conquered  territory  was  re- 
garded as  greater  than  that  in  his  inherited  dominions. 

11  See  Grants  and  Concessions,  p.  41. 


160  RESTORATION    OF    ENGLISH    AUTHORITY. 

The  course  of  conduct  pursued  by  the  Duke  upon  the  renewal 
of  his  patent,  was  such  as  to  justify  the  belief  that  he  was  inclined 
to  retain  in  his  own  hands  the  entire  advantages  given  by  the 
grant,  or  at  the  least,  that  he  was  desirous  to  retain  the  authority 
it  conferred.  Only  two  days  after  his  patent  was  received,  he 
gave  a  commission  to  Edmund  Andross  as  Governor,  and  includ- 
ed within  his  jurisdiction  the  whole  of  the  country  from  "the 
west  side  of  Connecticut  River  to  the  east  side  of  Delaware  Bay," 
and  thus  the  territory  which  had  formerly  been  granted  by  the 
Duke  to  Berkely  and  Carteret  was  now  subjected  to  a  rule  of  his 
own  appointment.14 

But  whatever  were  the  wishes  or  intentions  of  the  Duke,  a  re- 
newal of  his  grant  to-  the  proprietary  of  New  Jersey  was  made. 
It  is  possible  that  a  sense  of  justice,  or  his  regard  to  the  persons 
concerned,  may  have  overcome,  in  part,  his  early  reluctance,  or  if 
these  motives  were  not  of  sufficient  force,  the  wishes  and  acts  of 
his  brother  the  King,  could  hardly  be  disregarded. 

On  the  13th  of  June,  1674,  the  King  had  caused  a  letter  to  be 
written  in  which  he  had  recognized  and  confirmed  the  interest  and 
authority  of  Sir  George  Carteret  (the  remaining  original  Proprie- 
tor) in  the  province  of  New  Jersey.  The  King  commanded  all 
persons  to  yield  obedience  to  the  laws  and  government  which 
were  or  which  should  be  established  by  Sir  George,  "  he  being 
seized  of  the  province  and  of  the  jurisdiction  thereof,  and  having 
the  sole  power,  under  us,  to  settle  and  dispose  of  the  said  country 
upon  such  terms  and  conditions  as  he  shall  think  fit."15  This 
letter  was  issued  even  before  the  grant  from  the  King,  to  the  Duke 
of  York  had  been  made.  Under  these  circumstances  a  second 
conveyance  of  the  province  was  hardly  left  to  the  Duke  as  a  matter 
of  choice,  and  the  conveyance  was  made  without  long  delay.  On  the 
29th  of  July,  1674,  just  one  month  after  the  reception  of  his  own 
patent,  he  executed  a  new  conveyance  to  Sir  George  Carteret;  it 

"The  mere  latitude  of  the  commission  given  to  Andross  might  not  be  con- 
sidered-as  sufficient  evidence  that  the  Duke  was  desirous  to  establish  and  exer- 
cise authority  in  New  Jersey,  but  his  subsequent  conduct  gives  ample  confirma- 
tion upon  the  point. 

"  Grants  and  Concessions,  p.  49. 


RESTORATION    OF    ENGLISH    AUTHORITY.  161 

was  made  in  a  similar  manner,  and  nearly  in  the  same  terms  as 
the  former  one.  But  this  second  grant  was  made  to  Sir  George 
Carteret  in  severally,  and  included  only  a  part  of  the  territory  of 
New  Jersey.  As  before  related,  Lord  Berkely  had  disposed  of  his 
interest,  being  one  undivided  moiety  of  the  province,  to  other  parties, 
and  these  parties  were  not  included  in  any  wise  in  the  new  agree- 
ment. 

During  the  joint  ownership  of  Berkely  and  Carteret  no  terri- 
torial division  of  the  province  had  been  attempted,  nor  is  it  cer- 
tain that  any  had  been  contemplated,  but  in  the  conveyance  now 
made  to  Cartere.t,  a  distinct  line  was  laid  down,  dividing  the  terri- 
tory into  two  separate  parts.  Whether  this  was  designed  at  the 
time  as  a  final  measure,  or  only  as  a  sort  of  provisional  arrange- 
ment, is  not  determined,  but  is  was  far  from  making  an  equal  divi- 
sion. It  gave  to  Sir  George  "  all  that  tract  of  land  adjacent  to  New 
England,  and  lying  and  being  to  the  westward  of  Long  Island 
and  Manhatoes  Island,  and  bounded  on  the  east,  part  by  the  main 
sea,  and  part  by  the  Hudson  River,  and  extends  southwards  as 
far  as  a  certain  creek  called  Barnegat,  being  about  the  middle 
between  Sandy  Point  and  Cape  $Iay;  and  bounded  on  the  west, 
in  a  strait  line  from  the  said  creek  called  Barnegat,  to  a  certain 
creek  in  Delaware  River,  next  adjoining  to  and  below  a  certain 
creek  in  Delaware  River,  called  Renkokus  Kill;,  and  from  thence 
up  the  said  Delaware  River,  to  the  northernmost  branch  thereof, 
which  is  in  forty-one  degrees  and  forty  minutes  of  latitude;  and 
on  the  north  crosseth  over,  and  thence  in  a  strait  line  to  Hud- 
son's River  in  forty-rone  degrees  of  latitude."  Within  these  limits 
-much  more  tha'n  one  half  of  New  Jersey  was  included.  . 

Sir 'George  Carteret  received  back  his  province  under  the  fol- 
lowing circumstances.  The  King  of  England  had  expressly 
confirmed  the  authority  formerly  exercised  by  Carteret  and  his 
associate,  under  their  grant  from  the  Duke  of  York,  as  well  as 
such  authority  as  Carteret  should  afterwards  exercise,  and  this 
confirmation  from  the  King  was  in  advance  of  all  conveyances  or 
grants  to  others,  made  subsequent  to  the  Dutch  possession.  The 
Duke  of  York  had  'also  made  his  grant  to  Carteret  in  the  same 
manner  and  form  as  the  original  one ;  the  province  w.as  conveyed 
by  the  Duke  as  before,  "  in  as  full  an  ample  a  manner  as  it  had 


162  RESTORATION    OF    ENGLISH    AUTHORITY. 

been  given  to  him,"  and  under  the  former  conveyance  the  rights 
of  government  were  supposed  to  be  conveyed  and  had  been  actu- 
ally exercised  by  the  Proprietors,  with  the  full  concurrence  of  the 
Duke  himself.  But,  before  his  grant  to  Carteret  the  Duke  had 
included  this  very  province  in  a  commission  of  government  given 
to  Edmond  Andross.  In  the  conduct  of  the  Duke  there  is  ex- 
hibited a  great  degree  of  duplicity  or  obtusity,  or  rather  a  singular 
mixture  of  both. 

Philip  Carteret,  the  Governor  of  New  Jersey,  whose  mission 
to  England  has  already  been  noticed,  remained  in  that  country 
during  the  time  of  the  occupation  of  his  province  by  the  Dutch, 
and  until  the  consequent  proceedings  were  completed.  So  soon 
as  the  Proprietary  authority  was  again  confirmed,  Sir  George 
Carteret  gave  a  new  commission  to  his  brother  as  Governor,  and 
the  latter  soon  afterwards  returned  to  the  province.  He  brought 
a  new  confirmation  by  Sir  George  of  the  concessions  as  "ex- 
plained" by  the  joint  Proprietors,  with  such  other  regulations  as 
the  altered  state  of  affairs  had  appeared  to  demand." 

Nearly  at  the  same  time  that  Governor  Carteret  returned  to 
New  Jersey,  Edmund  Andross,  who  had  been  appointed  as  Gover- 
nor under  the  Duke  of  York,  arrived  in  the  country,  and  took 
possession  of  his  post.  It  will  eventually  be  seen  that  the  authority 
held  or  claimed,  by  these  neighboring  officers,  brought  them  into 
frequent  and  rude  collision. 

Governor  Carteret  met  with  no  opposition  from  the  settlers  at 
his  return  to  the  province ;  there  was  even  an  appearance  of  satis- 
faction. He  published  his  commission  at  Bergen  on  the  6th  of 
November,  1674,  in  the  presence  of  his  Council,  and  Commis- 
sioners from  most  of  the  towns,  and  thus  resumed  the  reins  of 
authority  which  he  had  been  compelled  for  a  time,  to  relinquish. 

At  an  early  period  a  General  Assembly  of  the  province  was 
summoned,  and  the  session  began  on  the  5th  of  November,  1675. 
Eight  members  of  Council  including  the  Governor,  were  present, 
and"  fourteen  Representatives  appeared  from  the  towns.  The 
members  of  both  bodies  look  the  oath  of  allegiance  to  the  King 


'•Grants  and  Concessions,  p.  55. 

-'•  •'':••  ••'•••' 


RESTORATION    OF    ENGLISH    AUTHORITY.  -  163 

and  fidelity  to  the  Lord  Proprietor,  except  -that  the  oath  was  re- 
fused" by -one  of  the  Representatives  from  Shrewsbury.  He  "was. 
dismissed. 

Laws  were  enacted  at  "tikis  session  for  the  defence  of  ..the  pro- 
vince, ag-ainst  "any  enemies  or  dangers  that  may  accrue,"  by  pro- 
viding for  the  establishment  and  arming  of  military  bodies^  an<!  the 
erection  of  places  of  security  in  the  sewj^Sa&owns'*  Provision  was 
also  made  for  the  iristitutio'n  of  regular 'courts  to  go  under  the  deno- 
"minatiqn  of  Coiu»ty  Courts. 17  Two  of  these  courts  -were  to  t>e  held 
in  every  year  in  each  one  of  the  counties,  adjacent  towns  forming  a 
county,  and  a  rate  of  fees  for  the-^court  officers,  was  also  established. 
Regulations  were  made  for  the  assessment  of  ta-xes  throughout  the 
province",  aft'd  a  *'  Country  Treasurer*'  was  appointed.18  A  code 
<Tf- capital  laws  was  also  adopted,  very  similar  in  its  provisions,  to 
that  which  had  been- passed  in  1668.  ....^^^iv  A 

.  ^n  act  of  amnesty  .concluded  the  proceedings  of  the  session. 
By  this-  last  mentione'd  act  it  was  prescribed,  that  .all  inhabitants 
and  members  of  the  province  should  be  freely  pardoned  of  all 
offences,  whether  capital  or  other,  committed  between  the  year 
1670  and  the  1st  of  J*une  1673,  ajid  also  that  "all  reviling  speeches 
practices,  or  intents"  tending  in  times  past,  to  the  disturbance  of 
amity,  should  be  pardoned  by  the  Governor,  and  be  buried  in 
oblivion. 

This  favorable  beginning  seemed  to  give  ^promise  of  future 
harmony  and  success,  a  promise  however,  which  was  not  in  the 
event  entirely  fulfilled. 

But  before  proceeding  to  consider  the  further  course  of  affairs, 
it  may  be  proper  to  notice  the  events  which  relate  to  the  other 
portion  of  the  province. 


17  Previous  to  this  time  there  had  been  no  other  courts  than  those  established 
by  particular  corporations. 

18  Samuel  Moore,  of  Woodbridge,  was  appointed  to  this  office,  who  was  to 
have  nine  pence  per  pound  for  his  care  and  pains. 


--•;;-     ....      -     "K   -:  ,-  --v>- 


-*££•$  >-S*V  •.$£*>•>:;# 

.-£*..:. v        ..CHAPTER.?/:-  T  ^ 

;'?£v*v-*0i.^'fe  ^£ ':./:;•          .-:••' 

PURCHASE   BY  FENWICK  AND  BYLUNGE. PARTITION -BETWEEN  FEN- 
WICK    AND    BYLLINGE. SETTLEMENT  OF^FENWIClt.'— QUINTIPAR- 

Tl^^Sl^WK.-r^HiiyiSlO^t'  GQVEn^MTSKT^—^giOPRl^TAKY   GOc 
VERNSUENT..;  -.'. 

I'  -  "V     ..'^  "1-iV^:-".-  ^>'--v  •  'v^jr  ^  f*  ^v*"  ••  s  * '.*  *?v  '> 

IT  has  'been;^lated..|h4t-jpfl  the  i%th  of  March, '1673,  Lord 
•  *  *  Berkely,  one  of  Ine.ptiginal  proprietors  of  New:  Jersey,  disrxjsfcllj*  , 
of'lfe^- whole  of  his  right  and  interest  in  the  pr»viQce.  The  pifr- 
cnas^vas  made  by  Jdhn  Fenwick  and  Edward  Byllirtge.1  These 
••  ._•  persons  were  member-s^pf  the.JSbciety  of 'Quakers  or  Frien^4  a 
"-  "..  -religious  *peOple'  who  had.  e^p^^encejd  mich  opposition  a^id'^f-"  ' 
secution,  and  there  is  reason  to  believe  that .%  principal  object  "prof  ' 
posed  by  Fenwick'  arid  Byllinge  in.  making  tkeir  purchase,  was  to 
secure  a  place  of  retreat. for  .themselves-and  their  religious  asso- 
ciates/ The  Society  of  Frie«ds  had  arisen  in  England  at  a  time 
when  all.  the  elements  which  go  to  the'  constitution  of. general 
society,  were  in  motion.  It  was  a  period  of  inquiry  and  of  action. 
In  the  temporal  affe\rs  of  men  a  most  searching  disposition  had 
been  working;  the  origin  and  nature  of  civil  and  political  rights 
were  inquired  into,  and  the  particular  circumstances  by  which 
these  might  be  endangered,  as  well  as  the  points  at  which  they 
had  been  actually  encroached  upon,  were  carefully  noted.  A 
spirit  not  unlike  to  this  had  also  been  in  action  in  those  higher 
investigations  which  relate  to  the  spiritual  concerns  of  man.  The 
dogma  which  gave  infallibility  to  one  person  as  the  head  of  the 
Church  had  long  been  utterly  rejected,  and  the  decisions  of 
Councils  and  of  Kings  were  no  longer  received  as  the  true  expo- 
nents of  Christian  doctrine.  Man,  individual  man,  claimed  the 
right  to  know  and  to  judge  for  himself,  concerning  the  relation  in 


They  gave  the  sum  of  one  thousand  pounds. 


*  *;-  ^V   >       ,-"/     jftr.     * 

PURCHASE    BY    FENWICK    AND    BYLLINGB^  165^.    *>.-'] 

5"-       wnich  he  stood  to  the  m^ker  and  preserver  of  all.  -The  Quakers  or 
Friends  became  somewhat  distinguishe'd  for  the  bjoldness.w'klf which 
they  pursued  their  inquiries,  and  TOT 'the  position  thePy  a*ssoirhed  in 
religious  concerns.    -They  went  further  than  others  i»  their  ques- 
&     '   tionings,  and  rejected,  almost  every  thing  belonging  to  the  ".acci- 
dents or  circumstances"  of  religion.     They  were  resolved  to  stop, 
at  no  shadow,  but  to  reach  to  the  substance.  :But  this  independence.  ".^ 
of  thought  and  of  action  caused  these  persons  to  become  objects 
of  suspicion  to  those  who  were  incapable  of  comprehending  their 
singleness  of  purpose.     The  earthly  themselves,  formed  no  con- 
ception of  the  spiritual,  except  as  .mingled  with  the  earthly.  They 
"•  were  unable  to    comprehend  'an  aim"  that8  was  far  above  every 
thing  connected  with  mere  worldly'advantage-  or  aggrandizement. 
Hence,  at  the  restoration  of  Monarchy,  the  Quakers  were  classed 
amongst  those  who  were  supposed  to'hold  sentiments  inimical  to 
the  peace  and  safety  of  the  State,  and  were  visitetJ  inconsequence*  •'•*.' 
•        '     with  most  rigorous  persecution.  A  Royal  proclamation  wife  issued     •'** 
•\  including  them  with  persons  known  to  be  disturbers,  and  forbids 
ding  them  to...  meet  undSr  the  "pretence  *of  religious    worship, 
except  in  the  established  parochial   churches.     A  law  applying 
particularly  to  them  was  also    enacted,  subjecting  them  to^the 
severest  penalties,  and  this  law  was  enforced  in  many  instances, 
in  a  manner  the  most  unsparing.  ,  Under  such  an  enactment  too, 
escape  was  impossible ;  it  operated  not  merely  in  the  case  of  overt 
•     acts,  but  was  directed  against  a  name,'and  a  mere  negative  offence. 
All  Quakers  who  should  refuse  to  take  the  oaths  of  allegiance 
were  subject,  and  were  subjected,  to  the  penalties  set  forth,  and  this 
too,  though  it  was  constantly  asserted  by  the  sufferers,  that  their 
refusal  to  take  the  oath  proceeded  from  no  want  of  attachment  to 
the  State,  but  from  a  regard  to  the  high  injunction  "swear  not  at 
all."     Besides  the  proceedings  against  the  Quakers  on  the  charge 
of  disaffection  to  the  State,  they  were  visited  also  in  the  name  of 
the  Church.     At  the  restoration,  Charles  had  issued  a  specious 
declaration  giving  a  promise  of  liberty  of  conscience  to  his  people, 
but  he  was  wanting  either  in  disposition,  or  in  power,  to  fulfil  his 
engagement.     The  English  Church  had  rejected  the  authority  of 
Rome  and  asserted  the  right  to  freedom  of  thought,  but  it  resolved 
that  this  right  should  only  be  enjoyed  within  its  own  particular 


.166  PARTITION    BETWEEN    FENWICK    AND    BYLLINGE.  ^. 

bounds.  It  assumed  that  the  true  point  had  been  reached^  and 
that  all  "who  should  advance  beyond  this  limit,  were  to  be  regarded 
and  treated  a"s  offenders.  The  Quakers  were  summoned  to  the  ~ 
ecclesiastical-  colirts,  and  prbsecuted  and  -condemned  upon  various 
preteftcjeg ;  many  were  bufied  in  prisons,  and  suffered  the  loss  of 
•their  estates,  and  even  of  "their  lives. "  ''it  is  not  wonderful,  under 
these  circumstances,  that  "the  members  of  this  society  should  have 
been --desirous  to  discover' and  secure  a  place  of  retreat.  In  sup- 
pdrt  of  their  testimonies. they  shrank  not  from  suffering,  and  a  few 
it  may^be,*wlth*.'questionabre  zeal,  were  even  disposed  to  invite  it. 

',  ^But.'thir-sebeYer  views  of  the  body  led  to  the  belief,  that  suffering  in 
itself,  was  not  to  be  esteemed  as  a  merit,  «.nd"  that  to  avoid  it, 
without  a  compromise  of  their"  principles  and  faith?  was  not  to  be 
condemned  as  a  fault.  And  a  place  of  escape  presented.  New 
Jersey  had  been  in  the  hands  of  persons  who  had  been  possessed 

"  of  ample  authority,  and  had  established  a  tolerant  government. 
These  persons  "had  been  disappointed  in  the  expected  pecuniary 
r,£turn,  but  a  pecuniary  return  from  the  labor  of  others,  was  nol 
the  object  which  the  friends  proposed,  but  rathej^  security  and 
peace  for  themselves.  Hence  the  offer  of  Lord  Berkely  to  dis- 
pose^  of  his  interest  in  the  province  was  readily  met  and  accepted. 
The  conveyance  from  Berkely  was  made  to  John  Fenwick,  in 
trust,  for  Edward  Byllinge.  §ome  difficulty  was  afterwards  ex- 
perienced in  determining  the  respective  interests  of  these  parties 
in  the  "property  they  had  purchased.  The  particular  nature  or 
cause  of  the  embarrassment,  is  rather  surmised  than  known,  but 
it  was  necessary  to  effect  a  settlement.  For  this  purpose  the 
intervention  of  William  Penn  was  requested ;  his  talents  in  busi- 
ness and  elevated  character  and  standing,  both  within  the  limits 
of  his  own  society,  and  also  in  the  world,  pointed  him  out  as  a 
proper  arbitrator.  His  award  was  acceded  to.  It  gave  one-tenth 
part  of  the  province,  with  a  considerable  sum  of  money,  to 
Fenwick,  and  the  remainder  of  the  territory  was  adjudged  to  be 
the  property  of  Byllinge. 

No  long  time  had  elapsed  before  a  new  difficulty  arose.  Byl- 
linge was  a  merchant,  and  was  overtaken  by  a  change  of  fortune, 
in  consequence  of  which  he  was  obliged  to  make  a  conveyance 
of  his  rights  and  interests  in  the  province,  for  the  use  and  benefit 


SETTLEMENT    OF    FENWICK.  167 

of  others.  The  property  in  the  province,  having  been  acquired, 
at  least  in  part,  with  a  view  to  the  advantage  it  might  afford  to 
persons  of  his  own  profession,  it  was  a  proper  desire  that  it 
should  yet  be  held,  so  that  the  contemplated  benefit  might  still 
be  secured.  It  was  therefore  assigned  to  three  of  his  fellow 
members  in  religious  society,  William  Penn,  Gawen  Lawrie, 
and  Nicholas  Lucas.  On  the  10th  of  February,  1674,  Fen- 
wick  and  his  constituent  Byllinge,  assigned  nine  undivided  tenth 
parts  of  the  province  to  the  three  persons  just  mentioned,  to  be 
held  by  them,  in  trust,  for  the  benefit  of  the  creditors  of  Byllinge. 
The  remaining  tenth  part  of  the  province  continued  in  the  hands  of 
Fenwick.  But  not  long  afterwards,  circumstances  occurred  by  which 
this  portion  also,  was  placed,  in  a  legal  sense,  under  other  control. 

At  an  early  period  measures  were  taken  by  Fenwick  to  effect 
a  settlement  of  the  province ;  lands  were  sold  to  several  individuals 
who  proposed  to  adventure  to  the' country,  and  th'is  was  also  the 
design  of  Fenwick  himself.  But  before  his  departure  from 
England  he  procured  a  sum  of  money  from  two  individuals,  John 
Eldridge  and  Edmund  Warner,  and  to  secure  the  repayment  of 
this,  and  some  other  sums,  he  executed  to  Eldridge  and  Warner  a 
lease  upon  his  portion  of  the  province  for  one  thousand  years, 
with  a  condition  allowing  them  to  sell  so  much  of  the  land  as 
would  reimburse  them  the  amount  of  their  claim.  A  lease  with  a 
discretionary  power  to  sell,  effectually  placed  the  control  of  the 
whole  in  the  hands  of  the  lessees,  subject  only  to  a  contingent  claim, 
remaining  with  Fenwick. 

Notwithstanding  this  conveyance,  Fenwick  considered  himself 
as  still  possessing  such  rights  in  the  province  as  would  warrant 
his  entering  at  once,  and  using,  for  his  own  particular  benefit. 
Accordingly,  he  departed  from  London  for  the  province,  in  com- 
pany with  a  number  of  settlers;  they  arrived  in  June,  1675,  and 
landed  not  far  from,  the  Delaware,  at  a  place  they  called  Salem. 
Here  a  permanent  settlement  was  made.  Soon  after  his  arrival, 
Fenwick  entered  into  treaty  with  the  najtives,  and  purchased  from 
them  an  extensive  portion  of  country.?  He  proceeded  to  divide 


2  He  purchased  all  the  lands  included  in  the  present  counties  of  Salem  and 
Cumberland.  See  Johnson's  Salem  fyr  particulars  in  relation  to  these- purchases.- 


<** 


168  SETTLEMENT    OF    FENWICK. 

the  lands  and  make  grants  to  the  several  settlers,  and  claimed 
authority  in  the  province,  as  Chief  Proprietor.  But  at  an  early 
period  opposition  was  experienced,  and  that  from  a  quarter  which 
could  have  been  but  little  suspected. 

It  has  already  been  stated  that  the  Duke  of  York  had  given  a 
commission  to  Edmund  Andross,  in  which  New  Jersey  was  in- 
cluded. But  besides  the  acts  and  assurances  of  the  Duke  himself, 
Andrass  had  published  a  proclamation  promising  that  all  former 
grants, privileges  or  concessions  heretofore  granted,  and  all  estates 
legafiy  possessed  by  any  under  his  Royal  Highness,  before  the 
late  Dutch  government,  should  be  confirmed.  This  seemed  to  be 
sufficient  acknowledgement  of  the  rights  and  claims  of  the  Proprie- 
tors of  New  Jersey,  and  of  those  who  held  under  them.  But  these 
declarations  were  soon  to  be  contradicted  by  positive  acts. 

Very  soon  after  his  coming  to  the  country  Andross  gave^  a  com- 
mission to  Captain  Edmund  Oantwell  to  take  command  at  New 
Castle,  and  to  superintend  the  collection  of  the  customs  at  Hoarkill. 
Upon  the  advent  of  the  settlers  at  Salem,  information  of  the  fact  was 
transmitted  from  Cantwell  to  his  superior  at  New  York.  A  council 
was  directly  held,  and  it  was  resolved  that  Fenwick  having  no 
order  ("  which  if  he  had  ought  to  have  been  first  brought  here  and 
recorded,")  should  not  be  received  as  owner  or  proprietor  of 
any  land,  and  that  as  to  any  privilege  or  freedom  of  cus- 
toms, or  trading  on  the  East  Shore  (of  the  Delaware,)  none  be 
allowed  in  any  case  "to  the  smallest  vessel,  boat,  or  person." 
This  order  was  given  December  5th,  1675.3  At  a  subsequent 
period  (November  8th,  1676,)  a  communication  was  transmitted 
from  Andross,  to  the  Commander  at, New  Castle  concerning 
"John  Fenwick's  actings  on  the  east  side  of  Delaware  River,"  in 
granting  patents  for  land,  and  refusing  to  obey  a  warrant  from  the 
Commander  and  Court  at  New  Castle,  and  a  direction  was  given 
'that  Fenwick  should  be  arrested  and  sent  to  New  York-  The 
attempt  to  execute  this  order  was  not  quietly  acquiesed  in.  Fen- 
wick closed  his  house  against  the  officers,  and  declared  that  he 
did  not  know  that  the  Goyernor  of  New  York  had  any  concern 
with  him,  and  that  he  was  resolved  not  to  leave  his  house  unless  • 

5  New  Castle  Records,  cited  by  Johnson." 


SETTLEMENT    OF    FENWICK. 


he  should  be  carried  away  by  force.  But  force  was  soon  resorted 
to;  on  the  8th  of  December,  1676,  a  special  meeting  of  the  Com- 
mander and  Justices  was  held  at  New  Castle  to  take  order  for 
"the  apprehending  of  Major  Fenwick,"4  and  a  warrant  was  issued 
to  Lieutenant  Johannes  De  Haes,  Michael  Baron,  and  George 
Moore,  under  Sheriff,  to  levy  twelve  soldiers  and  to  repair  to 
Salem  and  make  the  arrest  of  Fenwick,  and  authority  was  given 
to  use  any  degree  of  force  that  might  be  found  necessary  for  the 
purpose.  The  order  was  executed;  Fenwick  was  taken  to  New 
Castle  and  afterwards  sent  to  New  York.5  Upon  his  arrival  at 
that  place,  he  produced  to  Governor  Andross  the  King's  letters 
patent,  the  Duke's  gfant  to  Lord  John  Berkely  and  Sir  George 
Carteret,  and  the  Lord  Berkely's  deed  to  himself,  whereupon,  as 
he  himself  states,  he  was  released  and  allowed  liberty  to  return 
without  obligation.  This  release  however  was  made  with  a  con- 
dition that  he  should  return  on  or  before  the  6th  of  October  fol- 
lowing, which  accordingly  he  did,  and  was  afterwards  detained 
and  kept  as  a  prisoner  by  order  from  the  Collector  of  Assizes,  and 
was  finally  liberated,  (according  to  the  statements  of  Andross  and 
his  officers,)  upon  his  parole  not  to  assume  any  authority  on  the 
east  side  of  Delaware  River,  until  further  warrant  should  be  given. 

During  this  time  measures  had  been  progressing  for  the  more 
general  settlement  of  the  province.  The  assignees  of  Byllinge  had 
proceeded  in  the  exercise  of  their  trust;  many  of  the  creditors  of 
Byllinge  accepted  lands  in  satisfaction  of  their  claims,  and  other 
individuals  purchased  directly. 

A  form  of  government  for  the  province  was  also  projected  and 
prepared,  an  instrument  which  will  presently  be  noticed,  at  length. 
To  facilitate  the  settlement  and  government  of  the  country,  it  was 
deemed  important  that  a  division  should  be  effected  with  Sir 
George  Carteret,  the  proprietor  of  the  other  part.  This  was  the 
business  of  the  original  proprietors,  such  a  settlement  being 
implied  in  their  agreement  with  purchasers.  It  was  supposed 


4  Fenwick  had  formerly  been  a  military  officer. 

'  A  circumstantial  account  of  these  proceedings  is  to  be  found  among  the 
New  Castle  Records.     But  every  thing  of  importance  is  given  by  Johnson  in 
the  proceedings  of  the  Historical  Society  of  New  Jersey,  vol.  11. 
22 


170  aUIXTIPARTITE    DIVISION. 

that  this  division  could  be  more  readily  and  properly  accomplished 
by  placing  the  whole  of  the  portion  that  had  been  purchased  from 
Lord  Berkely,  in  the  hands  of  the  assignees  of  Byllinge,  they 
already  having  the  control  of  nine,  in  ten  parts.  For  this  purpose 
Eldridge  and  Warner,  the  lessees  of  Fenwick,  who  had  control 
of  the  remaining  tenth,  conveyed  that  portion  (reserving  only  the 
rights  of  original  purchasers  from  Fenwick)  to  Pcnn,  Lawrie,  and 
Lucas,  and  in  consequence,  these  latter  persons  were  put  in  a 
situation  to  make  a  general  partition  with  Carteret. 

The  division  of  territory  that  had  been  made  by  the  line  laid 
down  in  the  second  grant  from  the  Duke  of  York,  was  not  now 
insisted  upon.  It  gave  an  important  advantage  to  Carteret,  a  fact 
however,  that  may  not  have  beeri  known  to  him,  or  to  the  Duke, 
at  that  time.  Whether  so  or  not,  a  desire  was  expressed  by  the 
Duke  that  the  question  of  boundary  should  be  opened  anew,  and 
an  opportunity  be  given  for  the  concurrence  of  the  several  parties 
that  were  now  concerned,  a  course  to  which  Carteret  acceded.6 

In  pursuance  of  this  design,  a  new  boundary  was  agreed  to,  and 
the  agreement  was  ratified  and  confirmed  by  an  instrument  which 
was  called  "An  Indenture  Quintipartite,"  taking  its  name  from 
the  number  of  persons  engaged  therein.  These  individuals  were 
Sir  George  Carteret  of  the  one  part,  and  William  Penn,  Gawen 
Lawrie,  Nicholas  Lucas,  and  Edward  Byllinge,  (the  last  having 
only  an  equitable  interest,)  on  the  other  part.  By  the  "deed 
quintipartite"  which  was  dated  July  1st,  1676,  the  line  of  division 
was  made  to  extend  across  the  province,  from  Little  Egg  Harbor, 
to  a  point  on  the  Delaware  River  in  forty-one  degrees  of  north 
latitude. 

To  the  divisions  separated  by  this  line,  the  names  of  East  and 
West  New  Jersey  respectively,  were  applied,  and  this  distinction 
continued  to  be  recognized,  until  the  charters  of  both  were  sur- 
rendered, and  the  two  portions  included  together  under  a  Royal 
government. 

After  the  division  above  mentioned  had  been  effected,  Byl- 
linge and  his  trustees  reconveyed  the  share  that  had  belonged  to 
Fenwick,  giving  it  to  Eldridge  and  Warner  in  fee,  and  they  were 

6  Whitehead,  p.  67, 


PROVISIONAL    GOVERNMENT.  171 

thus  admitted  into  the  number  of  proprietors.7  The  proceedings 
of  his  lessees  were  complained  of  by  Fenwick,  and  he  afterwards 
directly  accused  them,  as  well  as  Penn  and  his  associates,  of 
having  concerted  a  plan  to  deprive  him  of  his  property  and  rights.8 
This  charge  can  hardly  be  sustained,  yet  it  must  be  confessed  that 
the  appearances  were  such  as  to  expose  the  parties  to  unfavorable 
imputations.  Eldridge  and  Warner  -undoubtedly  obtained  an  ad- 
vantage which  however,  they  may  never  have  designed  to  use, 
and  may  not  have  used,  to  the  injury  of  Fenwick.9 

As  an  expedient  for  conducting  the  business  of  the  province 
previous  to  the  establishment  of  the  projected  government,  provi- 
sional authority  was  given  to  three  individuals,  who  were  to  act 
on  behalf  of  the  proprietors.  Two  of  these  persons,  Richard 
Hartshorne,  and  Richard  Guy,  were  residents  in  East  Jersey, 
and  the  other,  James  Wasse,  was  sent  specially  from  England. 
They  were  commissioned  on  the  18th  of  August,  1676,  by 
Byllinge  and  his  trustees,  in  conjunction  with  Eldridge  and  War- 
ner.10 Full  authority  was  given  to  them  to  act  for  their  con 
stituents,  according  to  certain  instructions.  They  were  first  to 
endeavour  to  remove  the  difficulties  arising  from  the  presence  and 
the  claims  of  Fenwick.11  They  were  to  get  a  meeting  with  him 
and  his  people,  show  the  deed  of  partition  with  Carteret,  and  ex- 
plain the  proceedings  that  had  taken  place  between  the  assignees 
of  Byllinge,  and  Eldridge  and  Warner,  and  make  a  proposal  for  a 
general  concurrence,  so  that  the  lands  that  had.  been  purchased, 
might  be  divided  according  to  the  original  agreement  between 


'  Mickle's  Reminesc.ences,  p.  30. 

8  See  Fenwick's  Remonstrance  and  Declaration  in  Johnson's  Salem,  p.  38. 

9  The  acts  of  Eldridge  and  Warner  are  hardly  accounted  for  by  the  ostensi- 
ble reason;  the  re-conveyance  to  them,  in  fee,  completely  cut  off  the  reversiona- 
ry claim  of  Fenwick;  but  on  the  other  hand  the  proceedings  of  Fenwick  in 
entering  the  territory  and  selling  lands  as  his  own,  after  his  conveyance,  is  not 
easily  explained.     The  intentions  of  all  these  parties  were  probably  just,  but. 
their  business  transactions  became  strangely  confused.     There  must  have  been 
an  equitable  intent  in  their  agreemen  tthat  is  not  apparent  in  its  general  aspect 

10  Smith's  New  Jersey,  p.  83. 

11  At  this  time  Fenwick  was  still  in  the  province,  the  order  of  Governor  An- 
dross  for  his  arrest,  not  being  given  for  some  months  afterwards. 


172  PROPRIETARY    GOVERNMENT. 

Fenwick  and  Byllinge.  But  if  the  proffer  of  amity  should  not  be 
accepted,  then  the  true  situation  of  Fenwick  might  be  made  known; 
the  country  might  be  informed  that  he  had  no  power  whatever 
over  the  persons  or  estates  of  any,  having  no  authority  to  act, 
without  the  consent  of  Eldridge  and  Warner. 

The  Commissioners  were  authorized  to  purchase  and  take  up 
lands,  ninety  parts  for  the  use  of  William  Penn,  Gawen  Lawrie, 
and  Nicholas  Lucas,  and  ten  parts  for  John  Eldridge  and  Edmund 
Warner.12 

The  efforts  made  by  the  Commissioners  to  effect  an  adjustment 
with  the  settlers  at  Salem,  were  not  successful ;  Fenwick  con- 
tinued to  assert  his  rights  as  proprietor,  both  in  regard  to  property 
and  government.  The  declaration  which  the  Commissioners  were 
authorized  to  make  was  therefore  published  in  the  province,  and  an 
attempt  was  made  to  survey  the  lands  that  had  been  previously  pur- 
chased; Richard  Hancock,  who  had  been  previously  engaged  in 
this  service  under  the  direction  of  Fenwick,  being  now  em- 
ployed by  the  Commissioners.1  But  the  authority  of  these  Com- 
missioners was  soon  superseded  by  the  introduction  and  establish- 
ment of  the  Proprietary  government. 

The  power  to  institute  government  was  one  of  the  proprietary 
rights  which  was  supposed  to  be  equally  disposable  as  property 
in  larfd,  and  it  had  thus  been  conveyed  to  the  present  possessors 
of  West  New  Jersey.  Whatever  objections  might  be  made  to  the 
mode  of  transmission,  none  can  be  brought  against  the  views  or 
designs  tof  the  holders  in  regard  to  its  use.  The  exercise  of 
government  indeed,  had  been  a  principal  aim,  but  they  had 
desired  it,  as  means  of  security,  and  not  of  injustice;  it  had 
been  sought  for  the  purpose  of  shielding  themselves  and  others, 
from  oppression  and  wrong.  It  was  not  to  be  used  as  an 
instrument  for  their  own  elevation,  but,  as  they  declared,  that 
they  might  "  lay  a  foundation  for  after  ages,  to  understand  their 
liberty  as  men  and  as  Christians,  that  they  may  not  be  brought 
into  bondage  but  by  their  own  consent."  The  original  scheme 

12  This  was  the  proportion  originally  agreed  upon  between  Fenwick  and 
Byllinge.     Nine  parts  to  the  latter,  and  one  to  the  former. 
13  Johnson's  Salem,  p.  39. 


PROPRIETARY    GOVERNMENT.  173 

was  devised  by  Penn  and  his  immediate  co-adjutors,  but  it  was 
afterwards  submitted  to  others  as  they  became  concerned  in  the 
province,  and  received  their  approval  and  sanction.  It  was  first 
promulgated  on  the  3d  of  March,  1676.  It  was  called  "The 
Concessions  and  Agreements  of  the  Proprietors,  Freeholders,  and 
Inhabitants  of  the  Province  of  West  New  Jersey,  in  America." 

The  concessions  may  be  considered  under  two  separate  aspects  ; 
first,  those  general  fundamental  principles  or  conditions  which 
formed  the  basis  of  government,  and  marked  out  its  sphere,  and 
secondly,  those  particular  provisions  by  which  the  government 
itself  was  established,  and  its  operations  directed. 

It  was  declared  that  the  fundamental  rights  and  privileges 
granted  in  the  instrument,  were  to  be  regarded,  and  to  continue, 
as  the  foundation  of  government;  that  they  were  fixed  and 
unalterable,  not  to  be  revoked  or  changed  at  any  time  by 
the  legislative  authority,  and  that  any  person  or  persons  who 
should  designedly  and  wilfully  excite  a  Legislative  Assembly  to 
any  thing  subversive  of  these  fundamentals,  should,  if  it  be  suffi- 
ciently proven  against  him,  be  proceeded  against,  as  a  traitor  to 
the  government.  These  "fundamentals"  were  to  be  read  at  the 
beginning  and  dissolving  of  each  General  Assembly,  and  were 
also  to  be  read  "in  a  solemn  manner,"  four  times  in  a  year  in 
every  hall  of  justice  within  the  province. 

It  was  laid  down  in  these  fundamental  conditions,  that  no  man 
or  number  of  men  upon  earth  hath  power  or  authority  to  rule 
over  men's  consciences  in  religious  matters,  and  that  no  person 
or  persons  within  the,  province,  should  be  in  any  wise,  or  on  any 
pretence,  called  in  question  or  punished  in  his  person,  estate,  or 
privilege,  on  account  of  his  opinion,  judgment,  faith,  or  worship 
toward  God  in  matters  of  religion. 

That  no  proprietor,  freeholder,  or  inhabitant  of  the  province 
should  be  deprived  or  condemned  of  life,  limb,  liberty,  or  estate, 
or  hurt  in  his  privileges,  freedoms,  or  franchises,  without  due  trial 
and  judgment  passed  by  twelve  good  and  lawful  men  of  his 
neighbourhood. 

That  no  person  should  be  arrested  or  imprisoned  (except  in 
criminal  and  treasonable  cases,)  until  personal  summons  setting 
forth  the  cause,  should  have  been  given,  and  sufficient  time  allowed 


174  PROPRIETARY    GOVERNMENT. 

to  make  answer,  and  after  trial,  if  any  person  condemned  to  im- 
prisonment should  solemnly  declare  and  aver  that  he  hath  not 
any  further  goods  or  estate^  and  should  bring  three  other  persons 
"of  honest  reputation,"  who  should  declare  in  open  court,  that 
they  believed  the  person  condemned  to  have  nothing  wherewith 
to  pay,  he  should  be  discharged  from  imprisonment. 

That  in  all  public  courts  of  justice  for  the  trial  of  causes,  civil 
and  criminal,  all  the  inhabitants  of  the  province  might  freely  come 
into,  and  attend  courts,  and  hear  and  be  present,  "that  justice  may 
not  be  done  in  a  corner,  nor  in  any  covert  manner,  being  intended 
and  resolved,  by  the  help  of  the  Lord,  and  by. these  concessions 
and  fundamentalsr  that  all  and  every  person  and  persons  inhabit- 
ing this  province,  shall,  as  far  as  in  us  lies,  be  free  from  oppres- 
sion and  slavery." 

The  principles  set  forth  in  these  declarations  and  provisions, 
were  of  the  utmost  importance ;  and  their  promulgation  as  funda- 
mental conditions  manifested  a  high  and  just  sense  of  the  value 
of  civil  and  religious  liberty,  and  true  wisdom  in  securing  it  to 
every  individual. 

The  executive  authority  of  the  government  as  established  by 
the  concessions,  was  to  be  lodged  in  the  hands  of  Commissioners. 
These  were  to  be  appointed  at  first  by  the  proprietors  or  a  major 
part  of  them.  They  were  to  have  power  for  the  time,  to  purchase 
and  direct  the  division  of  all  lands  heretofore  purchased,  or  that 
should  be  hereafter  purchased,  according  to  the  terms,  and  in  the 
manner  prescribed.  The  territories  were  to  be  divided  into  one 
hundred  parts,  or  proprieties,  and  these  subdivided  into  tenths, 
each  one  containing  ten  proprieties. 

But  upon  further  settlement  of  the  province  the  Commissioners 
were  to  be  chosen  by  the  resident  proprietors,  freeholders,  and 
inhabitants;  they  were  to  assemble  on  the  25th  of  March,  1680, 
and  upon  the  same  day  of  each  year  afterwards,  at  some  public 
place,  and  elect  by  ballot,  ten  "  honest  and  able  men  fit  for  govern- 
ment," who  were  to  officiate  as  Commissioners  for  the  year 
ensuing,  and  until  others  should  be  elected  and  appointed.  The 
Commissioners  so  chosen  were  empowered  to  govern  and  order 
the  affairs  of  the  province  according  to  the  concessions,  until  a 
General  Assembly  should  be  chosen ;  after  that  time,  the  choice 


PROPRIETARY    GOVERNMENT.  175 

and  appointment  of  Commissioners  devolved  upon  the  General 
Assembly,  but  the  number  should  continue  the  same. 

The  Commissioners  were  to  superintend  the  execution  of  the 
laws,  to  see  that  the  officers  of  the  several  courts  established  by 
law,  performed  their  respective  duties,  and  in  case  of  delinquency, 
or  an  abuse  of  power,  they  might  displace  or  punish  the  offender, 
as  the  nature  of  the  offence  might  require.  They  might  suspend 
the  execution  of  any  sentence  passed  by  the  courts,  until  the  next 
meeting  of  the  General  Assembly.14  They  were  to  see  that  all 
lands  that  had  been  surveyed,  and  held  and  possessed  for  seven 
years,  should  not  be  subject  to  any  re-survey,  or  alterations  of 
bounds.  They  were  to  do  all  other  things  that  might  conduce  to  the 
safety,  peace  and  well  government  of  the  province.  But  they  were 
not  to  impose  or  suffer  to  be  imposed,  any  tax,  custom,  subsidy, 
tollage,  or  assessment,  upon  any  colour  or  pretence,  other  than  such 
as  should  be  imposed  by  the  authority  and  consent  of  the  General 
Assembly. 

The  legislative  authority  of  the  province  was  extremely  simple 
in  its  constitution.  So  soon  as  the  contemplated  divisions  in  the 
province  should  be  made,  the  proprietors,  freeholders  and  inhabi- 
tants in  each,  were  to  meet  on  the  1st  day  of  October  in  each  and 
every  year,  and  choose  one  proprietor  or  freeholder  for  each  re- 
spective propriety  in  the  province,  the  whole  number  of  proprie- 
ties being  one  hundred,  which  body  of  deputies  consisting  of  one 
hundred  persons  so  chosen,  should  constitute  the  supreme  Assem- 
bly, for  one  year.  They  were  to  meet  in  one  house,  were  em- 
powered to  appoint  their  own  times  of  meetings  and  adjournments 
from  time  to  time,  within  the  year,  as  they  might  think  fit.  They 
might  determine  the  number  of  their  own  quorum,  so  that  it  be 
not  less  than  one-half  of  the  whole  number.  The  votes  of  two- 
thirds  of  the  members,  either  of  the  quorum  or  of  the  same  pro- 
portion, if  a  larger  number  than  a  quorum  were  present,  were  to 
determine  in  all  eases  coming  before  the  body. 

The  Assembly  had  power  to  enact  all  laws  necessary  to  the 
well  government  of  the  province,  provided  that  such  enactments 


1  To  power  of  final  power  was  lodged  in  the  General  Assembly. 


176  PROPRIETARY    GOVERNMENT. 

should  be,  as  near  as  might  be,  agreeable  to  the  laws  and  customs 
of  England.  To  order  and  prescribe  as  to  the  establishment  of 
the  several  proprietary  divisions,  and  to  .give  names  to  each.  To 
lay  equal  taxes  and  assessments,  and  to  raise  monies  upon  all 
lands  or  persons  within  the  province  for  the  support  of  govern- 
ment, apportioning  the  amount  among  the  several  divisions,  in 
such  a  manner  as  should  seem  equal  and  just.  It  was  also  the 
province  of  the  Assembly  to  constitute  all  courts,  to  prescribe  the 
powers  and  jurisdictions  of  the  same,  as  also  the  several  officers 
belonging  to  each  court,  and  their  term  of  office,  (which  term  how- 
ever should  not  exceed  one  year,  or  two  at  the  most,)  with  the 
salaries,  fees  and  perquisites  attached  to  each.  But  it  was  pre- 
scribed that  in  the  courts,  all  civil  and  criminal  causes  should  be 
decided  by  the  verdict  of  twelve  men  of  the  neighbourhood,  and 
that  in  every  court,  there  should  be  three  Justices  or  Commis- 
sioners Avho  should  sit  with  the  twelve  men  of  the  neighbourhood, 
to  assist  them  in  point  of  law,  but  that  the  Justices  should  pro- 
nounce such  judgement  as  they  should  receive  from  the  said  twelve 
men,  in  whom  only  it  was  said  "the  judgement  resides."  No 
person  should  be  compelled  to  fee  any  attorney  or  counsellor  to 
plead  his  cause,  but  every  one  should  be  at  liberty  to  plead  his 
own  cause,  if  he  should  choose. 

Chief  Justices,  embassadors,  and  all  commissioners  of  the 
public  seals  and  treasury,  were  to  be  chosen  by  the  Assembly, 
but  justices  and  constables,  by  the  people. 

But  the  Legislature  was  liable  to  several  restrictions ;  beside  the 
restraints  that  were  contained  in  the  fundamental  conditions,  there 
were  others,  to  be  applied  to  the  several  members.  The  electors 
were  to  give  to  their  respective  deputies  or  trustees,  their  instructions 
at  large  setting  forth  their  grievances  or  wishes,  and  the  deputies 
were  to  enter  into  a  covenant  under  hand  and  seal,  to  engage  to  do 
nothing  but  what  should  tend  to  the  service  and  behoof  of  the  peo- 
ple, and  in  case  of  a  breach  of  the  covenant,  the  members  might  be 
questioned  in  that  or  the  next  Assembly,  by  any  of  the  electors. 
The  compensation  of  the  deputies  was  not  to  be  determined  by 
themselves  when  met  in  Assembly,  but  was  prescribed  in  advance. 
Each  one  was  to  be  allowed  one  shilling  per  day  during  the  time 
of  sitting,  that  thereby,  it  was  said  "  he  might  be  known  as  a  ser- 


PROPRIETARY    GOVERNMENT.  177 

vant  of  the  people;"  and  this  allowance  of  one  shilling  per  day 
was  to  be  paid  to  each  member  by  the  proprietary  division  that 
had  elected  him. 

Besides  these  general  provisions,  there  were  others,  directing 
the  course  of  proceeding  in  particular  cases.  One  of  these  applied 
to  the  manner  of  freeing  the  lands  from  the  Indian  claims.  When 
any  land  was  to  be  taken  up,  before  it  should  be  surveyed,  the 
Commissioners,  or  a  major  part  of  them  were  to  appoint  persons 
to  visit  the  natives,  acquaint  them  with  the  design  and  agree  upon 
some  compensation,  and  this  agreement  was  to  be  taken  in  writing 
under  their  hands  or  seals,  or  in  some  other  public  manner.  But 
no  person  should  take  up  lands  but  by  order  from  the  Commis- 
sioners. It  was  also  provided  that  in  case  any  injury  should  be 
done  to  the  natives  in  their  persons  or  property,  the  Commis- 
sioners should  take  care  that  justice  should  be  done,  and  plenary 
satisfaction  be  given,  according  to  the  nature  of  the  case ;  and  in 
all  trials  wherein  the  natives  were  concerned,  the  trial  should  be 
by  six  of  the  inhabitants  and  the  same  number  of  natives.  Very 
full  regulations  were  made  in  relation  to  registering  deeds  and 
other  conveyances. 

The  purchasers  of  land  were  to  pay  one  penny  and  a  half  an 
acre,  to  the  Proprietors  for  what  should  be  laid  out  in  towns,  and 
one  penny  the  acre  for  what  should  be  laid  out  elsewhere. 

To  these  "concessions  and  agreements,"  one  hundred  and  fifty- 
one  names  were  subscribed. 

In  many  respects  the  system  of  government  just  noticed  is  en- 
titled to  special  attention.  It  was  the  first  commencement  of 
Quaker  legislation,  and  may  be  truly  considered  as  exhibiting 
something  of  the  character  and  temper  of  the  people  from  whom 
it  proceeded.  The  most  searching  and  critical  inquirer  cannot 
but  confess,  that  with  some  defects,  it  yet  possessed  in  its  general 
features  much  that  all  must  approve  and  commend.  It  was  marked 
by  the  greatest  liberality.  The  framers,  as  a  proprietary  body, 
retained  no  authority  for  themselves.  "We  put  the  power  in  the 
people,"  they  said,  and  such  was  truly  the  case.  No  authority 
was  to  exist  except  such  as  was  established  by  popular  action 
and  even  this  authority  was  to  be  cautiously  given.  No  further 
restraints  were  imposed  or  allowed  than  were  necessary  for  the 
23 


178  PROPRIETARY    GOVERNMENT. 

maintainance  of  order,  and  it  may  be,  that  at  some  points  the 
boundary  of  government  was  so  far  extended,  or  lowered,  as 
almost  to  jeopardize  its  safety.  But  the  situation  of  the  framers  at 
the  time  rendered  them  more  alive  to  the  evils  of  oppression,  than 
to  the  dangers  of.  disorder.  The  great  division  of  the  executive 
power  has  been  made  a  ground  of  objection;  it  has  been  imagined 
that  a  body  composed  of  so  large  a  number  of  members,  and  hold- 
ing office  for  so  short  a  period,  would  be  incapable  of  harmonious 
and  vigorous  action.15  In  a  general  view,  such  an  opinion  may  be 
perfectly  just.  But  it  may  yet  be  considered  that  in  this  particu- 
lar case,  the  duties  assigned  to  the  executive  body  were  not  such 
as  were  calculated  to  create  disunion,  or  to  call  for  much  prompti- 
tude or  energy  in  action. 

In  the  constitution  of  the  legislative  authority,  the  popular  princi- 
ple was  carried  to  as  great  an  extent  as  was  possible  under  a 
government  of  the  representative  form.  Perhaps  it  was  carried 
to  a  greater  extent  than,  under  ordinary  circumstances,  would  be 
considered  necessary,  or  even  advisable,  but  the  experience  of  the 
projectors  had  impressed  upon  them  the  importance  of  making  the 
fullest  provision  against  an  excess  or  abuse  of  power. 

The  provisions  in  relation  to  the  judicial  department  were  pro- 
bably most  liable  to  question  ;  the  term  allowed  for  a  continuance 
in  office  was  scarcely  sufficient  to  admit  of  a  perfect  acquaintance 
with  the  duties  to  be  performed;  with  inexperienced  judges,  with 
juries  authorized  to  determine  the  law  as  well  as  the  facts,  and 
without  a  permanent  bar,  the  administration  of  justice  could  hardly 
be  steadily  and  firmly  conducted. 

But  notwithstanding  the  imperfections  which  it  certainly  con- 
tained, this  instrument  of  government  was  in  advance  of  any 
existing  at  the  time;  and  in  fact,  in  many  particulars,  was  equal  to 
any  that  has  ever  been  framed.  If  somewhat  lacking  in  vigor,  it 
gave  the  fullest  security  to  freedom;  it  gave  free  room  and  scope 
for  individual  effort  and  action,  and  the  mind  of  man  was  com- 
pletely enfranchised.  The  person  of  every  citizen  was  made  safe 
and  property  was  placed  entirely  beyond  the  reach  of  arbitrary 


Gordon's  New  Jersey,  p.  37. 


PROPRIETARY    GOVERNMENT.  179 

The  differences  between  the  West  Jersey  government  and  that 
existing  at  the  same  time  in  the  eastern  portion  of  the  province, 
were  important  and  obvious.  In  the  latter  the  executive  authority 
was  entirely  independent  of  the  people.  The  legislative  authority 
was  also  independent  in  part;  the  Governor  and  Council  formed 
a  part  of  the  General  Assembly,  and  being  a  distinct  house  had 
equal  power  with  the  popular  branch.  The  Governor  and  Council 
had  also  the  important  authority  of  convening  and  proroguing 
the  General  Assembly;  they  had  power  also  for  the  establishment  of 
certain  courts,  and  for  the  appointment  of  officers.  In  these,  and 
other  particulars,  the  government  of  East  New  Jersey  was  strongly 
distinguished  from  that  of  the  western  province.  But  the  two  cases 
were  also  different.  The  government  of  the  eastern  portion  had 
emanated  from  individuals  who  were  among  the  rulers  of  the 
English  realm,  and  their  work  could  hardly  be  expected  fully  to 
reflect  the  popular  feeling,  and  especially  that  feeling  which  an 
experience  of  actual  oppression,  had  excited.  Beside  this,  the 
discontents  and  disturbances  that  had  occurred  in  the  province 
had  led  to  a  change  in  the  government,  and  the  introduction  of 
more  rigid  conditions  than  had  at  first  been  imposed.  Probably 
the  government  of  the  eastern  portion  would  not  have  been  ac- 
cepted in  the  western,  and  it  is  equally  probable,  that  the  plan  of 
the  latter,  would  have  been  found,  at  the  time,  not  suited  to  the 
former. 


CHAPTER  XI. 


PROCEEDINGS     IN     WEST     NEW     JERSEY. 

IN  accordance  with  the  design  of  the  concessions,  Commission- 
ers were  appointed  by  the  proprietors  to  take  charge  of  affairs  in 
the  province,  and  direct  the  proceedings  preparatory  to  the  settlement 
of  the  country,  and  the  introduction  of  the  projected  government.1 
In  the  year  1677  they  departed  for  the  province.  They  were  ac- 
companied by  a  large  number  of  settlers,  most  of  them  being  mem- 
bers of  the  Society  of  Friends.  The  company  arrived  at  New 
Castle  on  the  16th  of  August,  and  soon  afterwards  landed  at  the 
mouth  of  the  Narriticon  or  Raccoon  Creek,  at  a  place  where  a  few 
Swedes  had  settled  and  erected  some  dwellings.2  The  Commis- 
sioners themselves,  had  landed  at  another  point,  being  desirous  to 
visit  New  York  and  wait  on  Governor  Andross.  This  visit  was 
probably  intended  as  a  measure  of  policy  in  view  of  the  violence 
which  had  been  committed  by  Andross  in  the  seizure  and  deten- 
tion of  Fenwick.3  It  could  have  been  no  part  of  the  design  of  the 
Commissioners  to  make  any  concession  acknowledging  the  claim 
of  Andross  to  authority  in  New  Jersey;  but  they  may  have  sup- 
posed that  a  frank  explanation  of  their  objects  might  conciliate  the 
Governor,  and  ward  off  difficulty  in  future,  and  they  were  willing 
to  pay  respect  to  the  Duke's  commission.4  But  it  soon  became  ap- 
parent that  something  more  than  "respect"  was  demanded.  So 
soon  as  the  Commissioners  had  presented  themselves  and  made 


1  There  were  nine  commissioners  now  appointed — Thomas  Olive,  Robert  Stacy, 
Benjamin  Scott,  Daniel  Wills,  John  Kinsey,  John  Penford,  Richard  Guy,  Jo- 
seph Helmsley,  and  Thomas  Foulke. 

2  This  was  one  of  the  ancient  Swedish  settlements  on  the  Delaware,  it  was 
near  the  site  of  the  present  town  of  Swedesborough. 

1  At  this  time  Fenwick  was  detained  as  a  prisoner  in  New  York. 
*  Smith's  New  Jersey. 


PROCEEDINGS    IN    WEST    NEW    JERSEY.  181 

known  their  intentions  to  Andross,  he  demanded,  whether  they  had 
any  warrant  from  the  Duke  of  York  in  relation  to  the  proposed  at- 
tempt. They  had  none  to  produce ;  but  they  replied  to  the  demand 
by  setting  forth  at  length  the  claims  of  the  proprietors,  showing  that 
a  conveyance  had  been  made  to  them  by  Lord  Berkely,  one  of 
the  grantees  of  the  Duke,  and  that  this  conveyance  was  believed 
to  be  sufficient  and  full,  both  in  respect  to  property  and  authority 
in  the  province.  But  all  this  was  little  regarded  by  Andross. 
He  insisted  that  his  commission  extended  over  the  whole  of  the 
country,  and  declared  that  should  he  surrender  it,  without  an  order 
from  his  master,  it  would  be  at  his  peril,  though  he  expressed  a 
willingness  to  yield  it  up,  without  further  delay,  if  they  could 
show  but  "a  line  or  two  from  the  Duke." 

The  Commissioners  attempted  a  remonstrance,  but  they  were 
presently  silenced  by  Andross,  who  pointed  with  some  significance 
to  his  sword.  In  this  manner  an  intimation  was  given  of  the 
Governor's  determination  to  maintain  the  authority  he  claimed, 
and  to  do  this,  should  it  be  necessary,  by  deeds,  as  well  as  by 
words.  Further  remonstrance  or  resistance  seemed  useless.  But 
Andross  finally  proposed  in  order  to  enable  the  Commissioners  to 
proceed  in  their  purpose,  that  they  should  take  a  warrant  from 
him,  until  a  further  agreement  should  be  made.  This  proposal 
was  at  length  accepted,  the  Commissioners  preferring  to  proceed 
under  such  authority,  rather  than  to  incur  the  hazard  of  being 
wholly  frustrated  in  their  plans.5  These  proceedings,  together 
with  the  measures  that  had  been  previously  taken  in  reference  to 
Fen  wick,  were  entirely  sufficient  to  explain  the  intentions  of  the 
Duke  of  York  in  granting  a  commission  to  Andross  within  the 
bounds  of  New  Jersey.  It  was  clear,  that  notwithstanding  the 
grants  he  had  made,  he  was  resolved  to  claim  and  to  exercise  au- 
thority, and  the  instrument  he  had  chosen,  was  entirely  disposed 
to  second  his  wishes  and  designs. 

Directly  after  the  occurrences  above  mentioned,  the  Commis- 
sioners joined  the  body  of  settlers  and  proceeded  in  the  discharge 
of  the  duties  of  their  trust.  They  purchased  from  the  natives  three 


•  It  is  stated  that  they  took  Magistrates'  Commissions  from  Andross.    • 

Smith's  New  Jersey,  p.  93. 


182  PROCEEDINGS    IN    WEST    NEW    JERSEY. 

several  portions  of  lands  upon  the  Delaware,  the  whole  reach- 
ing from  the  Assunpink  on  the  north,  to  Oldman's  Creek  on  the 
south,;  at  the  latter  boundary  they  were  brought  to  the  borders 
of  the  territory  that  had  already  been  purchased  by  Fenwick.' 

At  an  early  period  the  West  Jersey  Proprietors  had  entered  into 
a  contract  or  agreement  with  five  individuals  of  the  county  of  York, 
in  England.  In  pursuance  of  this  agreement,  an  article  was  in- 
serted in  the  proprietary  concessions,  directing,  that  the  Commis- 
sioners should  grant  unto  the  persons  in  question,  or  their  lawful 
representatives,  the  privilege  of  choosing  any  one  of  the  tenth 
parts  or  shares  that  should  first  be.  laid  out.  These  persons  or 
their  representatives,  were  also  to  have  privileges  for  building  a 
town,  and  were  to  be  allowed  the  liberty  of  choosing  their  own 
magistrates  and  officers,  for  executing  the  laws  according  to  the 
concessions,  within  the  said  town. 

At  a  subsequent  period,  a  company  of  persons  in  London  pur- 
chased a  patent  for  another  tenth  or  share.  Among  the  individuals 
who  were  now  in  the  province  were  persons  authorized  to  act  on 
behalf  of  these  companies,  and  selections  of  lands  were  accord- 
ingly made.  The  representatives  of  the  Yorkshire  interest, 
Helmesly,  Emley  and  Stacy,  made  choice  of  the  land  extending 
from  the  Rankokus  to  the  Falls  of  Delaware,  and  this  portion 
was  accordingly  assigned  to  them  by  the  Commissioners  as  the 
first  tenth.  The  agents  of  the  London  Company,  Penford,  Olive, 
Wills  and  Scott,  chose  a  portion  of  territory  lower  down  the 
Delaware,  in  the  vicinity  of  Arwamus  and  Timber  Creek;  but  final- 
ly an  agreement  was  entered  into  by  these  two  companies  for  a  near- 
er union.  They  agreed  to  act  together  in  settling  a  town,  and  a  place 
was  selected*  for  the  purpose,  to  which  the  name  Beverly  was 
given,  which  afterwards  was  changed  to  Bridlington,  and  finally  to 
Burlington,  which  last  it  still  continues  to  bear.  In  consequence 
of  this  agreement,  the  London  settlers  took  lands  nearer  to  the 
place  of  the  principal  settlement.  Two  tenths  were  thus  appro- 
priated and  entered  upon,  and  the  number  of  settlers  therein  was 


•  For  the  particulars  in  relation  to  the  several  purchases  from  the  natives  at 
this  time,  see  Smith's  New  Jersey,  p.  95,  and  Mickle's  Reminiscences,  p.  33. 


PROCEEDINGS    IN    WEST    NEW    JERSEY.  183 

soon  increased  by  the  coming  of  several  companies  from  England.7 
The  general  ordering  of  all  affairs  in  the  province  was  in  the 
hands  of  the  Commissioners ;  they  were  authorized  to  lay  out  the 
lands  included  in  the  different  tenths,  into. ten  proprieties  and  to 
allot  them  to  particular  purchasers. 

They  were  to  appoint  a  Surveyor  (in  case  no  such  appointment 
had  been  made  by  the  Proprietors,)  and  in  like  manner  a  Register 
or  Recorder,  and  were  authorized  to  determine  the  rates  and  fees 
of  these  officers  for  their  respective  services.  Particular  regulations 
were  given  in  the  concessions  as  to  the  mode  of  apportioning  lands. 
The  quantity  was  determined  by  the  period  of  the  applicants 
arrival,  advantages  being  allowed  to  early  applicants,  and  also 
according  to  the  number,  age,  and  condition  of  the  persons  that 
were  brought  to  the  province. 

No  authority  was  given  to  the  Commissioners  for  making  new 
regulations  or  laws,  they  were  strictly  to  pursue  the  course  laid 
down  in  the  concessions.  The  special  privileges  granted  to  the 
Yorkshire  settlers  enabled  them  to  select  and  appoint  their  own 
magistrates  and  officers,  but  these  too,  were  to  be  governed  in  all 
affairs  by  the  laws  of  the  concessions.  No  authority  was  en- 
trusted to  any  which  could  in  any  wise  conflict  with  the  powers 
that  were  to  be  exercised  by  the  General  Assembly  of  the  province.8 
The  powers  and  duties  assigned  to  the  several  officers,  were 
simply  of  an  administrative  character.  By  the  settlers  in  the  first 
and  second  tenths,  the  prescribed  conditions  appear  to  have  been 
fully  observed.  But  such  was  not  entirely  the  case  among  the 
people  at  Salem.  In  1678,  Fenwick,  having  been  liberated  from 
confinement  in  New  York,  returned  to  the  province  and  again 
assumed  the  principal  control.  He  proceeded  to  make  choice  of 
officers,  for  his  colony ;  appointing  Samuel  Hedge,  Surveyor 
General ;  James  Nevill,  Secretary,  and  Samuel  Winder,  Register, 
and  declared  that  he  would  nominate  and  appoint  other  officers  at 
his  leisure,  and  demanded  in  his  Majesty's  name  "the  superiority, 
and  the  submission  of  the  people  as  his  right  and  propriety."9  • 

1  Smith's  New  Jersey,  p.  102. 

8  In  East  Jersey  the  privileges  of  the  special  charters  had  been  insisted  upon 
in  opposition  to  the  authority  of  the  General  Assembly. 

9  Cantwell's  Declaration  in  New  Castle  Records. 


184  PROCEEDINGS    IN    WEST    NEW    JERSEY. 

Directly  afterwards,  a  proclamation  was  issued  in  the  name 
of  "John  Fenwick,  Esq.,  Lord  or  Chief  Proprietor  of  the  said 
province,  and  in  particular  of  Fenwick's  colony  within  the 
same."  In  this  all  persons,  Dutch,  French  and  English,  who 
had  settled  themselves  within  the  limits  of  said  colony  without 
applying  to,  or  receiving  any  warrant  from  lawful  authority, 
were  required  to  appear  before  Fenwick,  within  one  month, 
and  show  their  order  or  warrant  for  "  their  pretended  titles." 
Nearly  at  the  some  time,  a  council,  consisting  of  the  officers  be- 
fore mentioned,  and  other  persons  of  "Fenwick's  Colony,"  was 
held,  and  regulations  were  adopted  for  surveying  and  setting  forth 
lands  according  to  a  method  agreed  upon,  and  which  was  supposed 
to  be  suited  to  the  interests  of  the  settlers.10  These  proceedings 
were  an  assumption  of  independent  authority,  and  in  direct  oppo- 
sition to  the  proprietary  concessions. 

It  does  not  appear,  however,  that  any  attempt  was  made  by  the 
Commissioners  at  that  time,  to  extend  their  authority  within  the 
limits  of  the  territory  that  was  claimed  by  Fenwick,  or  to  interfere 
in  any  way  with  his  doings.  A  wise  forbearance  was  exercised. 

But  if  Fenwick  escaped  from  all  interference  from  those  who 
had  a  right  to  inquire  concerning  his  proceedings,  he  was  less 
fortunate  with  respect  to  those  who  had  no  right."  His  resumption 
of  authority  upon  his  return  to  the  province  brought  him  again 
into  collision  with  the  authorities  at  New  Castle.  He  had  declared 
that  no  one  Avho  should  pay  the  customs ,  imposed  by  Governor 
Andross  should  be  permitted  to  enjoy  lands  within  his  jurisdiction. 

On  the  9th  of  May,  1678,  a  communication  was  sent  to  New 
York  from  the  justices  of  the  court  at  New  Castle,  "concerning 
the  new  alterations  made  by  Major  John  Fenwick,"  with  a  re- 
quest that  a  speedy  order  might  be  given  concerning  the  same. 
At  that  time  Governor  Andross  was  absent  from  his  province,  not 
having  yet  returned  from  England  whither  he  had  gone  in  the 
year  preceding,  but  his  Secretary  and  Council,  who  received  the 
communication  from  New  Castle,  gave  orders  that  notice  should 
be  given  to  Major  Fenwick  to  forbear  from  the  exercise  of  any 


'"  Johnson's  Salem,  p.  23, 


PROCEEDINGS    IN    WEST    NEW   JERSEY.  185 

authority  on  Delaware  River,  according  to  his  parole  which  (it 
was  said,)  had  been  formerly  given,  and  that  should  he  persist,  he 
was  again  to  be  seized  and  sent  to  New  York.  The  "notice" 
was  transmitted  to  Fenwick,  but  he  replied  that  he  was  bound  to 
give  an  account  of  his  government  to  no  one  but  the  King  of 
England,  and  that  he  only  desired  to  enjoy  that  which  was  his  just 
and  undoubted  right. 

A  still  more  urgent  direction  to  the  same  effect  as  the  former 
was  soon  afterwards  transmitted  from  the  Council  at  New  York, 
to  which  an  answer  was  returned  on  the  24th  of  July,  1678,  in- 
forming the  Council,  that  Fenwick  had  already  been  taken  to  New 
Castle,  and  that  the  authorities  there  were  only  awaiting  a  fit  op- 
portunity to  send  him  to  New  York.11  Thus  another  outrage  was 
committed  within  the  limits  of  New  Jersey,  by  direction  of  the 
officers  acting  under  the  commission  of  the  Duke  of  York. 

Further  difficulties  from  the  same  source  were  soon  to  arise. 
The  population  of  West  Jersey  was  now  rapidly  increasing  by 
the  frequent  arrival  of  new  companies  of  settlers.  All  these  com- 
panies coming  by  the  Delaware,  were  subjected  at  their  first 
arrival  to  a  demand  for  customs  upon  all  imported  goods,  which 
customs  the  authorities  at  New  York  had  ordered  to  be  collected 
at  Hoarkill ;  all  exports  were  also  liable  to  the  same  demand. 

As  has  been  stated,  the  customs  in  question  were  first  imposed 
by  Governor  Lovelace,  but  they  were  continued  with  some  slight 
alteration  by  Andross,  and  under  his  direction  the  payment  had 
been  rigidly  enforced;  no  exemption  was  permitted  "to  the 
smallest  vessel,  boat  or  person."  This  demand  was  so  entirely 
in  opposition  to  those  immunities  which  the  people  of  this  province 
had  expected  to  enjoy,  and  which  they  had  a  right  to  enjoy,  that 
it  could  not  be  quietly  acquiesced  in.  It  has  been  seen  that  Fen- 
wick objected  to,  and  opposerd  it,  and  it  was  the  cause  of  dissatis- 
faction and  complaint  with  all  the  settlers  in  the  province.  Instead 
of  the  full  enjoyment  of  property  under  the  protection  of  laws  and 
institutions  of  their  own,  they  were  subjected  to  the  arbitrary  exac- 
tions of  a  government  in  which  they  had  no  interest  or  concern 
whatever.  They  were  reduced  to  a  merely  tributary  state.  The 


11  New  Castle  Records. 
24 


186  PROCEEDINGS    IN    WEST    ftEW    JERSEY.      ' 

question  involved  in  such  a  dffmand  was  of  too  much  importance 
to  the  interests  and  liberties  of  the  settlers  to  be  allowed  to  remain 
long  undecided. 

The  proprietors  in  England  made  frequent  and  urgent  represen- 
tations to  the  Duke  of  York,  upon  the  subject,  and  at  length,  to  escape 
from  importunity,  or  from  a- transient  regard  to  the  demands  of 
justice,  the  Duke  was  induced  to  appoint  Commissioners  to  hear 
and  make  report  in  the  case.  The  Commissioners  who  were  ap- 
pointed for  this  purpose,  referred  the  matter,  with  the  consent,  or 
by  the  request  of  the  Duke,  to  the  decision  of  Sir  William  Jones. 
The  defence  of  the  rights  of  the  colonists  was  made  by  the  pro- 
prietors, and  they  maintained  their  cause  with  signal  ability.12 
The  case  was  one  that  admitted  of  some  scope  of  argumentation, 
as  it  properly  included  the  extent  of  the  royal  prerogative,  as  well 
as  the  particular  exercise  of  power  which  was  the  subject  of 
present  complaint. 

The  general  power  of  regulating  duties  and  imposts  had  never 
been  granted  to  the  English  King,  on  the  contrary  it  had  been 
expressly  and  repeatedly  denied.  By  one  of  the  ancient  statutes 
of  the  realm  it  was  prescribed,  that  no  tax  or  impost  should  be 
levied  without  the  consent  of  the  Lords  and  Commons.  And  in 
a  later  statute  it  was  declared,  that  the  King  promises  to  take  no 
customs  from  merchants  without  the  assent  of  the  realm,  saving 
the  customs  on  wool,  skins,  and  leather,  formerly  granted.  The 
continued  attempts  of  Charles  the  First  to  take  the  property  of  his 
people  without  the  authority  and  assent  of  Parliament,  had  been 
one  of  the  principal  causes  that  led  to  the  loss  of  his  throne.  It  had 
become  a  settled  principle  of  English  law  that  the  King  had  no  right 
of  himself,  within  his  hereditary  domains,  to  impose  any  tax  or  cus- 
tom whatever.  Hence  there  is  no  other  point  to  be  considered  in 
connexion  with  the  present  case  than  whether  this  limitation  upon 
the  King's  prerogative  extended  into  colonies,  as  well  as  through  the 
ancient  portion  of  the  British  realm.  Lord  Holt  declared  that  the 

11  The  argument  of  the  Proprietors  was  addressed  "to  those  of  the  Duke's 
Commissioners  whom  he  has  ordered  to  hear  and  make  report  to  him  concern- 
ing the  customs  demanded  in  West  New  Jersey,  in  America,  by  his  Governor 
of  New  York." 

'•'     "-'  "  '  ''"'  t  '•• 


PROCEEDINGS    IN    WEST    NE.W.  JERSEY.  187 

law  of  England  did  not  extend  t<)  Virginia;  '^er'few  is  what  the. 
King  pleases.13  But  this  doctrine  has  not  been  sustained,  and  is  in 
"  direct  opposition  to  the  general  spirit  of  the  Ettglish  laws.  The 
rights  and  franchises  of  Englishmen  were  not  to  be  given  or  with- 
held at  the  discretion  of  the  King.  By  his  own  prerogative  he 
might  institute  government  in  new  lands,  but  the  government  so 
established  must  be  in  accordance  with  the  laws  and  customs  of 
the  kingdom.  In  the  most  distant  places  the  immunities  that 
belonged  to  English  subjects  might  be  claimed  and  enjoyed,  and 
among  the  most  important  of  these  immunities  was  an  exemption 
from  all  taxation,  except  such  as  they  should  assent  to.  And  if  the 
King  himself  had  no  right  to  impose  taxes  or  imposts  in  any  part 
of  his  dominions,  neither  could  any  other,  in  virtue  of  a  grant 
from  him,  come  to.  the  possession  of  such  a  right.  Whatsoever 
grant  the  King  might  make,  no  tax  could  be  laid  but  by  the  assent 
of  the  people  themselves.  _•  ,» 

If  these  principles  be  admitted,  it  will  follow  that  the  Duke  of 
York,  and  of  consequence  his  subordinates,  were  without  any 
authority  to  warrant  the  imposition  of  customs,  in  the  case  in 
question.  This  view  was  clearly  perceived  by  the  proprietors 
and  was  strongly-  set  forth  by  them  in  the  representation  they 
made.  They  urged  that  the  constitution  and  government  of 
England  gave  no  support  to  the  authority  that  was  here  assumed, . 
it  being  a  fundamental  law  that  the  King  cannot  justly  take  his 
subject's  goods,  without  their  consent;  this,  they  said,  need  not.be 
proved,  it  is  an  acknowledged  principle,  "  'tis  jus  indigene,  an  home 
born  right,  declared  to  be  law  by  divers  statutes."  And  they 
represented  that  as  Englishmen  they  were  entitled  to  enjoy -this 
right,  not  having  lost  any  part  of  their  liberty  by  leaving  the 
country,  and  furthermore,  that  in  the  King's  grant  to  the  Duke  ef 
York,  the  power  of  the  latter  was  expressly  restricted,  it  being 
declared  that  the  laws  and  ordinances  he  might  establish,  were  not 
to  be  contrary  to  the  laws,  s'tatutes,  and  ordinances  of  the  realm 
of  England.  But  the  remonstrants  dwelt  with  no  less  force  upon 
another  point.  They  not  Only  denied  to  the  Duke  the  power 
in  question,  inasmuch  as  the  King  had  not  given  and  could  not 

"  Salkeld,  p.  666.    Particular  statutes  were  not  supposed  to  extend  to  the  colo- 
nies, unless  they  were  named,  but  general  rights  were  common  to  both  countries. 


188  PROCEEDINGS    IN    WEST    NEW    JERSEY. 

give  it  to  him,  but 'they  also  insisted  that  the  government  of  the 
province  had  now  been  surrendered  into  other  hands.  That 
the  Duke  for  a  competent  sum  of  money  paid  him  by  Lord 
John  Berkely  and  Sir  George  Carteret,  granted  and  sold  unto 
them  the  province  of  New  Jersey,  and  that  he  conveyed  it  to 
them  in  as  full  and  ample  a  manner,  as  he  had  himself  received  it 
from  the  King.  And  that  Lord  Berkely  and  Sir  George  Carteret 
had  made  certain  concessions  containing  a  model  of  government, 
and  that  many  persons  went  there  and  planted,  and  the  said 
government  was  established  and  administered  "with  the  knowledge 
of  the  Duke  of  York,  and  without  question  from  any.  With  a 
knowledge  of  these  facts,  and  also  upon  a  presumption  that  neither 
Lord  Berkely  or  Sir  George  Carteret  would  attempt  any  thing 
they  were  not  properly  authorized  to  do,  the  present  proprietors,  as 
they  said,  had  agreed  with  Lord  Berkely  for  his  portion  of  the  pro- 
vince, and  that  in  the  conveyance  from  him,  powers  of  government 
were  expressly  granted.  Without  this  they  said,  nothing  could  have 
induced  us  to  purchase,  "  because,  to  all  prudent  men  the  govern- 
ment of  a  place  is  more  inviting  than  the  soil."  They  were  not 
desirous  of  power,  but  of  safety,  not  only  for  themselves,  but  for 
others,  and  that  their  purpose  had  been  to  assure  people  of  an 
easy  and  safe  government,  both  in  respect  to  their  spiritual  and 
worldly  concerns.  That  they  had  sold  lands  in  the  province  to 
some  hundreds  of  honest  and  industrious  people  who  had  trans- 
planted themselves  to  the  country,  and  that  upon  their  arrival  they 
had  been  met  with  a  demand  for  custom  of  five  per  cent,  upon 
the  goods  they  carried.  This  they  declared  was  a  great  grievance, 
for  which  they  asked  redress,  and  redress  was.  asked  "  not  from  a 
burden  only,  with  respect  to  the  way  of  levying  it,  or  any  cir- 
cumstances made  hard  by  the  irregularity  of  the  officers,  but  as  a 
wrong."  For,  they  urged,  no  such  tax  was  reserved  in  the  Duke's 
conveyances,  and  it  was  therefore  a  new  condition,  a  surprise  upon 
the  other  party.  To  lose  the  right  of  making  laws  for  themselves 
would  be  entirely  to  change  their  situation,  it  would  be  in  effect 
to  sell,  or  rather  to  resign  themselves  to  another,  and  that  for  nothing. 
Besides,  though  by  all  governments  custom  is  laid  upon  trade, 
this  upon  planting,  is  unprecedented.  Had  they  brought  commo- 
dities to  the  province  to  sell,  made  a  profit  out  of  them,  and  re- 


PROCEEDINGS    IN    WEST    NEW    JERSEY.  189 

turned  to  the  advantage  of  the  trader,  there  might  be  some  color 
or  pretence  for  the  exaction,  but  to  require  and  force  customs 
from  persons  coming  to  their  property,  "  their  own  terra  firma, 
their  habitations,  in  short,  for  coming  home,"  was  without  a  par- 
rallel.  And  furthermore,  there  could  be  no  end  to  this,  for  since 
they  were  by  this  precedent  assessed  without  any  law,  and  there- 
by excluded  from  their  English  right  of  common  assent  to  taxes, 
there  could  be  no  security  for  any  thing  they  possessed,  nothing 
could  be  called  their  own,  they  were  merely  tenants  at  will,  and 
not  only  for  the  soil,  but  for  their  personal  estates. 

It  was  urged,  they  said,  that  the  province  was  a  conquered  • 
country,  and  that  the  King  being  the  conqueror,  hath  power  to 
make  laws  and  raise  money,  and  that  this  power  the  King  hath 
vested  in  the  Duke ;  but  they  said  the  conquest  indeed  has  been 
made,  but  for  whom  ?  Did  the  King  conquer  for  himself  or  for 
his  kingdom  and  people,  and  we.re  his  subjects  who  should  inhabit 
there,  to  be  treated  as  slaves  because  the  country  had  been  won 
from  their  enemies  ?  "  Did  Alexander  conquer  alone,  or  Caesar  beat 
by  himself?"1* 


".This  part  of  the  argument  of  the  remonstrants,  involves  a  point  of  English 
Constitutional  law  of  no  little  nicety,  and  upon  which  authorities  are  by  no 
means  agreed.  It  has  been  laid  down  as  a  principle  by  some,  that  if  the  King 
comes  to  a  kingdom  by  conquest,  he  may  change  and  alter  the  laws  of  the  king- 
dom, but  if  he  comes  to  it  by  title  and  descent,  he  cannot  alter  the  laws  of  him- 
self, without  the  consent  of  the  Parliament.  In  Cowper's  Reports,  (page  211,) 
a  case  is  mentioned  which  had  been  referred  to  Sir  Philip  Yorke  and  Sir 
Clement  Wearge,  upon  which  they  reported  "that  if  Jamaica  was  still  to  be 
considered  a  conquered  islandj-the  King  had  a  right  to  levy  taxes  upon  the  in- 
habitants, but  if  it  was  to  be  considered  in  the  same  light  aS  other  colonies, 
no  tax  could  be  imposed  on  the  inhabitants  but  by  an  Assembly  of  the  inland, 
or  by  an  act  of  Parliament.  But  it  was  also  laid  down,  that  if  the  King  by 
a  proclamation  or  grant  should  enter  into  any  engagement,  conceding  a 
different  form  of  government  to  a  conquered  country,  he  would  afterwards  be 
precluded  from  the  exercise  of  his  peculiar  prerogative.  To  apply  these 
principles  to  the  case  under  notice.  If  it  be  conceded  that  after  the  second 
subjugation  of  the  Dutch,  the  country  was  to  be  considered  merely  as  con- 
quered territory  (a  point  however  not  determined)  it  would  folio* ,  according 
to  principle  just  stated,  that  the  King  had  a  right  to  impose  laws  at  his  own 
pleasure,  and  even  upon  natives  of  England  who  might  reside  there.  The  King 


190  PROCEEDINGS    IN    WEST    NEW    JERSEY. 

<-'  In  addition  to  these  arguments  founded  upon  the  law  and  the 
equity  of  the  case,  certain  prudential  considerations  were  also 
presented ;  the  effect  which  the  conduct  of  the  Duke  might  have 
upon  the  people  of  England,  was  broughtwto  view.  If  the  Duke 
should  insist  upon  the  demand  that  had  been  made,  it  might  be 
considered  as  showing  an  inclination  to  an  arbitrary  exercise  of 
power,  but  its  abandonment,  on  the  contrary,  would  give  eVidence 
of  just  and  liberal  intentions,  and  a  desire  to  promote  the  prosperity 
of  the  kingdom,  and  the  happiness  and  welfare  of  the  English 
people. 

This  document,  prepared  by  a  few  Quakers,  was  one  of  the 
highest  importance.  It  was  important  not  only  as  a  defence  of 
the  rights  of  West  Jersey,  but  also  as  an  assertion  of  principles 
which  bore  upon  the  interests  of  all  the  American  colonies. 

The  bold  defence  of  the  immunities  of  English  subjects,  par- 
ticularly of  their  right  to  exemption  from  all  taxes  to- which  they 
had  not  assented,  may'have  had  aided  materially  in  fixing  those 
opinions  and  resolutions,  which  finally  led  to  American  indepen- 
dence. 

After  full  consideration  of  the  matters  submitted  to  him,  a  deci- 
sion was  -given  by  Sir  William  Jones.  This  decision  was  given 
in  a  formal  document  bearing  date  July  ?8th,  1680.  It  set  forth 
"that,  having  heard  what  hath  been  insisted  on  for  his  Royal 
Highness,  to  make  good  the  legality  of  the  demand  of  five  per 
cent,  from  the  inhabitants  of  New  Jersey,  lam  not  satisfied  (by 
anything  I  have  yet  heard)  that  the  Duke  can  demand  that,  or 
any  other  duty  from  the  inhabitants  of  these  lands.  And  that 
which  makes  the  case  the  stronger  against  his  Royal  Highness  is, 
that  these  inhabitants  claim  under  a  grant  from  his  Royal  High- 


then,  under  these  circumstances,  might  have  imposed  the  tax  in  question.  But 
subsequent  to  the  conquest  from  the  .Dutch  he  had  made  a  grant  containing 
certain  conditions. .  He  had  conveyed  the  country  to  the  Duke  of  York,  with 
powers  of  government,  but  the  condition  was  annexed  that  the  regulations  and 
ordinances  to  be  made,  should  not  be  contrary  to,  but  as  near  as  conveniently 
might  be,  agreeable  to  the  laws,  statutes,  and  government  of  the  realm  of 
England,  By  this  conveyance  the  general  laws  of  the  kingdom  were  brought 
into  force  in  the  country  in  question,  and  of  consequence  the  people  were  en- 
titled to  the  same  immunities  as  other  subjecis  of  England. 


PROCEEDINGS.  IN  -WEST    I4BW    JERSEY.  191 

ness  to  the  Lord  Berkely  and  Sir  George  Carteret,  in  which  grant 
there  Is  no  reservation  of  any  profit,  or  so  much  as  jurisdiction." 

It.required  a  strong,  just,  and  courag'eous  mind  to  pronounce  a 
judgement  so  directly  opposed  to  the  views  and  claims  of  the  prin- 
cipal persons  of  the  British  court,  but  the  decision  was  sustained, 
and  was  assented  to  by  the  Duke  himself,  and  shortly  afterwards  he 
entirely  relinquished  his  claim.  On  the  6th  of  August,  1680,  his 
Royal  Highness  gave  a' direction  to  Sir  John  Werden,his  Secretary, 
to  bring  in  a  deed  of  confirmation  or  release,  in  order  the  more  for- 
mally to  convey  the  province  of  West  New  Jersey  to  Byllinge 
and  the  rest  of  the  Proprietors.  Accordingly,  on  the  day  above 
mentioned,  a  deed  was  executed  in  which  a  conveyance  was  made 
from  his  Royal  Highness  the  Duke  of  York,  to  Edward  Byllinge, 
William  Penn,  Gawen  Lawrie,  Nicholas  Lucas,  John  Eldridge, 
and  Edmund  Warner.  In  this  instrument  the  Duke  transferred 
to  the  persons  above  mentioned,  all  the  territory  of  the  province 
of  West  New  Jersey,  "  and  all  the  estate,  right,  title,  interest,  rever- 
sion, remainder,  claim  and  demand  whatever,  as  well  in  law  as  in 
equity,  of  him  the  said  James  the  Duke  of  York,  of,  into,  and  out 
of  the  same,  or  any  part  or  parcel  of  the  same." 

Yet  this  conveyance  was  made  in  such  form  as  afforded  a  sort 
of  cover  to  the  claim  which  the  Duke  had  formerly  made  to  a  right 
of  jurisdiction.  His  pretension  had  been  based  upon  the  principle 
that  jurisdiction  and  ownership  in  the  province  were  not  only 
separable,  but  had  been  actually  separated,  he  retaining  the  former 
in  his  own  hands.  This  view  or  pretence  was  maintained  even 
in  the  execution  of  the  present  grant,  for  though  both  property  and 
jurisdiction  were  entirely  resigned,  they  were  not  surrendered  to 
the  same  individuals.  The  deed  gave  the  property  to  the  persons 
just  named,  but  it  assigned  the  powers  of  government  to  Edward 
Byllinge  alone.  It  was  said  that  "his  Royal  Highness  doth  by 
these  presents,  give,  grant,  assign,  and  transfer  over  unto  the  said 
Edward  Byllinge,  all  and  every  such  the  same  powers,  authorities, 
jurisdictions,  governments  and  other  matters  and  things  what- 
ever, which  by  the  said  recited  latters  patent  (from  the  King)  or 
either  of  them,  are  and  were  granted  or  intended  to  be  granted,  to 
be  exercised  by  his  said  Royal  Highness,  his  heirs,  assigns, 
deputies,  officers,  or  agents,  in,  upon  or  in  relation  unto  the  said 


192  PROCEEDINGS    IN    WEST    NEW    JERSEY. 

premises  hereby  confirmed,  or  intended  to  be  confirmed,  and  every 
of  them,  in  case  the  same  were  now  in  the  actual  seizen  of  his 
said  Royal  Highness;  to  be  held,  enjoyed, exercised  and  executed 
by  him,  the  said  Edward  By  Hinge,  his  heirs  and  assigns,  and 
by  his  deputy  officers,  agents  and  commissioners,  as  fully  and 
amply  to  all  intents,  constructions,  and  purposes  as  his  said 
Royal  Highness,  or  his  heirs  might,  could,  or  ought  to  hold,  enjoy, 
use,  or  exercise  the  same.15 

Whether  this  special  conveyance  to  Byllinge  was  made  in  com- 
pliance with  the  wishes  of  the  Duke,  in  order  that  the  grant  which 
he  could  no  longer  withhold,  might  be  made  to  accord  in  some 
measure  with  his  former  pretensions  and  acts,  or  whether  Byllinge 
himself  had  desired  and  secured  it  as  a  personal  advantage,  can^ 
not  with  any  certainty  now  be  determined.  But  Byllinge  was  put 
thereby  in  a  strange  position,  in  regard  to  the  other  proprietors,  and 
the  people  of  the  province.  He  had  been  a  party  to  the  conces- 
sions in  which  he,  with  others,  had  granted  to  the  people  at  large 
the  right  of  choosing  their  officers,  both  legislative  and  executive, 
yet  now,  in  so  far  as  the  new  grant  was  operative,  he  alone  be- 
come possessed  of  the  powers  of  government.  It  was  in  effect 
a  recal  of  his  previous  agreement  or  grant.  This  difficulty  or 
inconsistency  indeed,  he  might  have  wholly  removed  by  confirm- 
ing the  concessions  anew.  But  this  was  not  done,  and  in  conse- 
quence, the  government  of  West  New  Jersey  assumed  from  this 
period  a  different  form,  though,  as  will  be  seen,  the  spirit  of  the 
concessions  was  essentially  preserved. 

Before  proceeding  further,  it  may  be  proper  to  recur  to  East 
New  Jersey,  and  trace  the  progress  of  events  in  that  province. 

"Grants  and  Concessions,  p.  418. 


CHAPTER  XII. 


GOVERNMENT    IN    EAST    NEW    JERSEY RELEASE    OF    THE    DUKE    OF 

YORK GOVERNMENT    AFTER   THE    RELEASE SALE    OF    THE   PRO- 
VINCE  GOVERNMENT    UNDER    THE    NEW    PROPRIETORS. 


IT  has  already  been  stated  that  on  the  1st  of  July,  1676,  the 
province  of  New  Jersey  was  divided  into  two  portions,  to  be 
called  respectively,  East  and  West  New  Jersey. 

At  that  time,  as  before  noticed,  Governor  Carteret  had  returned 
and  had  entered  upon  the  discharge  of  his  duties,  and  a  General 
Assembly  having  been  convened,  a  number  of  enactments  had 
been  made  suited  to  the  conditions  of  affairs  at  the  time. 

Early  in  1676,  the  General  Assembly  again  met,  and  several 
acts,  but  most  of  them  having  a  relation  to  individual  interests, 
were  passed.  One  enactment  was  designed  to  secure  the  atten- 
dance of  those  who  had  been  elected  as  Deputies,  it  being  set  forth 
"  that  the  country  is  damnified  that  the  Deputies  have  not  attended 
the  writs  whereby  they  were  summoned  to  appear,  at  the  time  and 
place  appointed."  It  was  therefore  provided  that  whosoever 
should  not  appear,  should  pay  as  a  fine,  ten  shillings  for  each  day 
of  his  absence ;  and  to  facilitate  the  attendance  of  the  Deputies,  it 
was  directed,  that  they  should  have  power  to  press  "any  vessel, 
horses  or  men"  in  aid  of  their  passage.  An  enactment  was  made 
providing  for  the  Governor's  salary,  directing  that  an  assessment 
should  be  made  of  two  shillings  per  head  for  every  male  within 
the  province  from  fourteen  years  old  and  upwards.  At  an  ad- 
journed session  which  was  held  at  Woodbridge,  the  compensation 
for  the  members  of  Assembly  was  determined ;  during  the  time  of 
their  assembling  together,  sitting,  and  returning  home,  the  Gover- 
nor was  to  receive  four  shillings  a  day,  each  member  of  the 
Council  three  shillings,  and  the  Representatives  also  three  shill- 
ings each. 
25 


194  GOVERNMENT    IN    EAST    NEW    JERSEY. 

Government  in  East  Jersey  seemed  now  to  be  established,  the 
heats  and  discontents  that  had  formerly  prevailed,  if  not  entirely 
removed  were  not  openly  manifested.  But  at  an  early  period  a 
difficulty  arose  from  another  quarter. 

The  arrival  of  Edmund  Andross  as  Governor  under  the  Duke 
of  York,  together  with  the  nature  and  extent  of  his  commission, 
have  already  been  noticed.  The  interference  of  Andross  in  East 
Jersey  was  carried  even  further  than  in  the  western  portion  of  the 
province,  and  was  attended  with  circumstances  of  no  less  aggrava- 
tion. 

Early  attempts  were  made  for  the  collection  of  those  customs 
which  his  Royal  Highness  had  thought  proper  to  establish 
throughout  his  territory,  and  William  Dyre,  the  collector  of  the 
Duke's  revenues  in  New  York,  was  appointed  to  collect  the  cus- 
toms in  New  Jersey.  These  attempts  were  made  in  the  directest 
manner.  In  West  Jersey  the  collection  had  been  actually  made 
within  the  limits  of  territory  that  was  clearly  and  exclusively 
within  the  jurisdiction  of  Andross,  but  a  further  advance  was 
made  in  the  other  part  "of  the  province.1  The  province  was  en- 
tered upon  and  the  regulations  that  were  established  by  its  proper 
authorities,  were  opposed  or  disregarded. 

Governor  Carteret  being  desirous  to  awaken  a  spirit  of  com- 
mercial enterprise,  had  adopted  measures  for  opening  a  port  with- 
in his  province,  and  some  vessels  had  been  entered  and  cleared 
at  Elizabethtown.  But  this  proceeding  Avas  opposed  by  Andross; 
he  -insisted  that  it  was  in  direct  opposition  to  the  powers  that  had 
been  given  to  him,  and  to  the  rights  and  interests  of  the  Duke  of 
York,  and  his  superior  authority  enabled  him  to  carry  out  his 
designs,  and  to  frustrate  the  efforts  that  were  made  in  the  neigh- 
boring province.  In  these  pretensions  and  measures  Andross 
was  fully  supported  by  the  Duke,  his  master.  Express  authority 
was  given  by  the  latter,  approving  and  confirming  the  acts  of  his 
subordinate.  The  Duke  was  desirous  to  avoid  a  direct  collision 
with  Sir  George  Carteret,  the  proprietor  of  the  province,  (whom 


1  On  the  Delaware  the  collections  had  been  made  at  Hoar-Kill,  or  at  New 
Castle,  though  all  vessels  entering  the  river  were  compelled  to  submit  to  the 
demand. 


GOVERNMENT    IN    EAST    NEW    JERSEY.  195 

Ot/ 
f>  '  :•:•'   '•  ••. 

Q       h^J^d  in  especial  favor)  but  still  was  in  no  wise  disposed  to  re- 

linquish his  claims.2  -     „ 

7y  The^growing  hostility  between  Carteret  and  Andross  was  al- 

mye(rfor\iYtirne,  by  the  departure  of  the  latte^for  England-.-  '*'•  ft  ... 
befwfejie  embarked  from   New  Y&rk  "he  went  to 

leave  of   CJovenior  Cnrleret.  in  llie  Jerseys."  a  visit  which  it 


be  suppose!  w^entirely  prompted  by  a  feeling  of 
amity;  a  desire  to  inform  himself  of  the  state  of  affairs  in  the  pro- 
ving by  .personal  remark,  was  probably  considered  an  object  of 
more  importance  by  him,  than  an  observance  of  the  forms  of 
Cfcourtesy.3 

Instructions  were  given  to  Andross,  in  England,  by  which  the 
period  for  the  demand  of  customs  was  limited  ;  it  was  only  to 
continue  -for  three  years  more.  But  as  the  exaction  had  never 
been  submitted  to,  even  in  New  York,  but  with  the  greatest  reluc- 
tance, the  present  concession  gave  little  satisfaction,  and  the  con- 
tinuance of  the  demand  in  New  Jersey,  was  productive  of  much 
irritation. 

In  1679,  Governor  Carteret  issued  a  proclamation  declaring 
Amboy  to  be  a  free  port  to  all  vessels  trading  to  East  Jersey,  and 
in  consequence  of  this  permission,  a  trader  from  Barbadoes  en- 


3  In  a  despatch  from  Sir  John  Werdcn,  the  Duke's  Secretary,  to  Governor 
Andross,  dated  August  31st,  1676,  the  following  appears: — "I  add  thus  much 
further  in  relation  to  Sir  George  Carteret's  colony  of  New  Jersey,  it  is  that  I 
have  acquainted  his  Royal  Highness  with  what  Mr.  Dyre  wrote  to  me  about 
his  little  bickerings  with  Captain  Carteret  for  not  letting  a  present  pass,  &c. 
And  though  small  matters  are  hardly  worth  notice,  especially  where  Sir  George 
Carteret  himself  is  concerned,  (for  whom  the  Duke  hath  much  esteem  and  re- 
gard,) I  do  not  find  that  the  Duke  is  at  all  inclined  to  let  go  any  part  of  his 
prerogative  which  you  and  your  predecessors  have  all  along  constantly  asserted 
on  his  behalf;  and  so,  though  at  present  in  regard  to  Sir  George  Carteret  we 
soften  things  all  we  may,  not  to  disturb  his  choler  (for  in  truth  the  passion  of 
his  inferior  officers  so  far  affects  him  as  to  put  him  on  demands  which  he  hath 
no  color  or  right  to,)  I  verily  believe  that  should  his  foot  chance  to  slip,  those 
who  succeed  him  must  be  content  with  less  civility  than  we  choose  to  show 
him  on  this  point,  since  that  we  should  exercise  that  just  authority,  his  Royal 
Highness  hath  without  such  reserves,  as  though  but  intended  as  favors  now 
may  if  confirmed,  redound  too  much  to  the  prejudice  of  your  colony." 
1  Whitehead's  New  Jersey,  p.  70. 


196  GOVERNMENT    IN    EAST    NEW    JERSEY. 

tered  his  vessel  soon  afterwards,  at  that  place.  But  information 
of  the  fact  being  given  to  Andross,  he  despatched  his  messengers 
with  orders  to  take  possession  of  the  vessel  and  bring  her  to  New 
York,  which  being  done,  he  compelled  the  master  to  pay  duties 
at  that  place.  Not  long  subsequent  to  this  proceeding,  and  pro- 
bably in  consequence  thereof,  the  Assembly  of  East  Jersey  en- 
acted a  law  that  the  sum  of  one  hundred  and  fifty  pounds  should 
be  raised  for  the  encouragement  of  any  vessel  to  come  into  the 
province  to  trade  and  traffic,  and  that  if  any  vessel  should  come, 
and  after  entering  and  clearing  in  a  proper  manner,  should  be 
arrested  and  detained  by  the  Government  of  New  York,  for  the 
cause  of  trading  in  New  Jersey,  that  the  above  mentioned  sum 
should  be  used  for  the  reparation  of  the  loss  and  injury  sustained 
by  such  arrest  and  detention.4  This  measure,  though  it  might 
tend  to  the  encouragement  of  trade,  was  little  calculated  to  secure 
the  province  from  the  injurious  demands  and  acts  of  the  neighbor- 
ing government,  and  on  this  account,  as  may  be  supposed,  the 
law  itself  was  soon  afterwards  repealed.  But  in  fact,  the  demands 
of  Governor  Andross  had  now  become  such,  that  nothing  could 
be  expected  from  any  expedients  of  a  temporary  kind;  the  very 
existence  of  the  government  was  threatened. 

In  March,  1679,  Andross  directed  a  communication  to  Gover- 
nor Carteret  declaring  that  the  acts  of  the  latter  being  performed 
without  legal  authority,  tended  to  the  disturbance  of  his  Majesty's 
subjects,  and  that  he  was  therefore  required  to  cease  from  the 
exercise  of  any  authority,  until  his  powers  should  be  properly 
acknowledged  at  New  York.5  Such  a  communication  rendered 
it  necessary  that  some  vigorous  measures  should  at  once  be  taken. 
Governor  Carteret  called  a  meeting  of  his  Council,  and  also  "of  the 
most  eminent  part  of  the  country,"  and  after  full  consultation,  re- 
plied to  the  demand  that  had  been  made.  He  asserted  that  his 
authority  in  the  province  was  not  founded  upon  any  presumption 
or  pretence,  but  upon  a  grant  from  his  Royal  Highness,  and  the 
commands  of  his  Majesty,  as  well  as  long  and  peaceable  posses- 
sion, and  that  he,  and  his  Council  and  the  people  felt  bound  to 
the  government  of  Sir  George  Carteret,  and  were  resolved  to 

*  Gr-iuU  an.l  Concessions,  p.  131.  ;  Grants  and  Concessions,  p.  673. 


GOVERNMENT    IN    EAST    NEW    JERSEY.  197 

maintain  it,  and  that  if  force  should  be  resorted  to,  they  would  defend 
themselves  and  their  families  to  the  best  of  their  ability,  and  if 
blood  should  be  shed,  it  would  be  contrary  to  their  desires,  and  a  just 
and  righteous  God  would  require  it  at  the  hands  of  those  who 
were  the  cause  thereof.  But  before  this  reply  was  received  by 
Andross,  he  had  issued  a  proclamation  intended  to  dissolve  the 
Government  of  Carteret;  he  required  that  all  persons  should  sub- 
mit to  him  as  the  representative  of  the  King's  authority,  and  re- 
presented the  proprietary  claims  to  power  as  entitled  to  no  attention 
whatever,  and  all  persons  were  warned  from  abetting,  assisting  or 
observing  the  same.6  In  return,  Governor  Carteret  asserted,  and 
proclaimed  that  his  authority  had  been  established  in  pursuance 
of  his  Majesty's  permission  and  command,  and  that  without  the 
same  command,  it  should  not  be  resigned,  and  that  the  people  of 
the  province  were  resolved  to  live  and  die  with  the  name  of  true 
subjects,  and  not  traitors. 

Nearly  at -this  period  Sir  George  Carteret,  the  proprietor  of 
East  New  Jersey,  died,  and  by  his  will  his  province  was  devised 
to  trustees  to  be  sold  for  the  benefit  of  his  creditors.  His  widow 
Lady  Elizabeth  Carteret,  was  left  executrix  of  his  estate,  and 
guardian  to  his  grand-son,  and  heir.  Edward  Earl  of  Sandwich, 
John  Earl  of  Bath,  Hon.  Bernard  Granville,  Sir  Thomas  Crew, 
Sir  Robert  Atkins  and  Edward  Atkins,  Esq.,  were  the  trustees. 
But  the  death  of  the  proprietor  was  followed  by  no  immediate 
change  in  the  state  or  management  of  affairs  in  the  province. 

Before  proceeding  to  further  extremities,  Governor  Andross 
resolved  upon  visiting  East  Jersey  in  person,  to  make  a  full  ex- 
planation of  his  rights  and  powers,  and  to  demand  a  surrender  of 
the  government.  Information  of  this  design  was  given  to  Carteret, 
and  he,  expecting  a  hostile,  rather  than  a  peaceful,  visit,  was  pre- 
pared for  such  an  emergency;  but  upon  finding  that  Andross  was 
not  attended  by  any  "offensive  forces,"  he  was  received  with 
proper  civility.7  Andross  entered  at  once  upon  the  business  in 
hand;  he  produced  and  displayed  the  letters  patent  from  the  King, 
the  grant  to  the  Duke  of  York,  and  the  commission  of  the  latter 
to  himself.  A  similar  display  of  authority  was  made  by  Carteret. 

6  Grants  and  Concessions,  p.  675.  '  Grants  and  Concessions,  p.  677. 


198  GOVERNMENT    IN    EAST    NEW    JERSEY. 

Nothing  could  be  gained  by  an  exhibition  of  claims  that  were 
already  perfectly  known,  and  when  each  of  the  parties  was  fully 
resolved,  and  accordingly  this  attempt  to  decide  the  matter  "rather 
by  argument  than  arms,"  was  found  entirely  to  fail.  Andross 
left  the  province,  having  been  courteously  entertained  and  dismis- 
sed by  Carteret.  But  proceedings  of  a  different  character  were 
soon  to  follow. 

On  the  30th  of  April,  1680,  Andross  despatched  an  armed  force 
with  orders  to  enter  the  province,  to  seize  upon  Carteret  and  carry 
him  to  New  York, and  the  order  was  executed  with  circumstances 
of  much  aggravation.  The  same  outrage  that  had  been  twice 
committed  in  West  Jersey  in  the  case  of  Fenwick,  was  thus  re- 
peated in  East  Jersey  upon  the  person  of  Carteret.  The  Gover- 
nor was  detained  at  New  York  as  a  prisoner,  until  the  27th  of 
May,  when  a  court  was  convened  for  his  trial.  He  was  charged 
with  having  "riotously  and  routesly,"  with  force  and  arms,  en- 
deavored to  maintain  and  exercise  jurisdiction  and  government 
over  his  Majesty's  subjects,  within  the  bounds  of  his  Majesty's 
letters  patent  granted  to  his  Royal  Highness.  Carteret  at  first 
protested  against  the  authority  of  the  court,  and  demanded  his 
liberty,  on  parole,  to  appear  when  the  King  should  command  it 
who  he  declared  "was  the  proper  decider  of  this  matter;"  but 
afterwards  the  protest  was  withdrawn  and  the  defence  of  the 
accused  was  made  upon  the  merits  of  the  case.  Carteret  ac- 
knowledged that  he  had  exercised  government,  and  that  he  had 
refused  to  resign  it,  but  he  asserted  that  he  had  been  placed  in 
the  government  of  New  Jersey,  having  been  commissioned  as 
Governor  thereof,  by  power  derived  from  his  Majesty,  and  that 
his  Majesty  had  also  given  his  command  to  the  people,  to  be 
obedient  to  the  government  established  by  Sir  George  Carteret, 
and  that  he  did  not  dare  to  deliver  it  up  without  a  special  com- 
mand from  the  King.  He  also  submitted  documentary  evidence 
to  substantiate  his  declarations.  The  defence  was  considered  suf- 
ficient, and  a  verdict  of  acquittal  was  rendered.  But,  although  An- 
dross had  caused  a  court  to  be  convened  and  a  jury  empanneled, 
he  was  resolved  that  his  own  decision  should-be  given.  He  refused 
to  receive  the  verdict,  and  ordered  the  jury  again  to  retire ;  once 
and  again  was  this  repeated,  .the  jury  remaining  firm,  and  the 


GOVERNMENT    IN    EAST    NEW    JERSEY.  199 

Governor  being  resolved  to  reduce  them  to  submission.  Finally 
the  verdict  was  allowed  to  stand,  but  the  court  declared  their 
opinion  and  gave  judgement,  that  if  Carteret  should  go  again  to  New 
Jersey,  he  should  give  security  or  an  "engagement"  not  to  assume 
any  authority  or  jurisdiction  there,  either  military  or  civil.  This, 
in  effect,  was  an  imposition  of  punishment,  though,  according  to 
the  verdict  of  the  jury,  no  offence  whatever  had  been  committed. 

Governor  Carteret  having  thus  been  removed,  an  attempt  was 
made  by  Andross  to  obtain  possession  of  the  reins  of  authority. 
He  appeared  at  the  General  Assembly  which  convened  on  the  2d 
of  June,  1680.  He  acquainted  the  Assembly  that  they  were  met 
for  the  "service  of  the  King  and  the  country,"  and  informed  them 
that  with  a  view  to  a  proper  exercise  of  their  duties,  he  had 
brought  the  King's  letters  patents  under  the  great  seal  of  England 
to  his  Royal  Highness  the  Duke  of  York,  and  also  the  Duke's 
commission  to  himself,  and  these  he  intimated  were  the  ground  of 
authority  upon  which  they  were  in  future  to  act.  He  recom- 
mended that  an  act  confirming  all  former  judicial  proceedings 
should  be  passed,  and  also  offered  for  their  acceptance  a  body  of 
laws  that  had  proceeded  from  the  Assembly  of  New  York,  adding, 
that  if  "any  small  matters  were  wanting,"  they  might  afterwards 
be  supplied. 

The  Assembly  replied  with  boldness  though  with  "  due  respects  to 
his  Majesty's  letters  patents."  They  stated  that  as  the  represen- 
tatives of  the  freeholders  of  the  province,  they  did  not  dare  to 
grant  his  Majesty's  letters  patents  though  under  the  great  seal  of 
England,  to  be  their  rule,  for  that  the  great  charter  of  England 
was  the  only  rule,  privilege,  and  safety  of  every  free  born  English- 
man. They  said  that  what  they  had  formerly  done  had  been  in 
obedience  to  the  authority  then  established,  that  things  done  ac- 
cording to  law  needed  no  confirmation,  and  they  had  no  power  to 
tie  any  man's  hands  from  obtaining  his  just  privileges  and  rights.8 


s  By  "a  confirmation  of  former  judicial  proceedings,"  Andross  seems  to  have 
had  particularly  in  View  an  approval  by  the  Assembly  of  the  province,  of  the 
action  of  the  court  in  the  case  of  Carteret,  and  with  an  understanding  of  the 
design,  the  Assembly  refused  to  do  any  thing  which  should  impede  the  endea- 
vours of  Carteret  to  recover  his  authority. 


200  RELEASE  BY  THE  DUKE  OF  YORK. 

They  also  mentioned  that  they  supposed  their  own  laws  to  be  most 
fitting  and  suitable  for  the  province.  They  also,  in  apprehension 
that  an  attempt  might  be  made  to  abolish  the  legislative  authority, 
made  a  declaration  that  the  people  of  the  province  were  entitled 
to  the  enjoyment  of  all  the  rights  allowed  to  them  in  the  conces- 
sions, among  which  was  that  of  electing  Deputies  to  an  Assembly 
of  their  own,  where  such  laws  might  be  enacted  as  should 
be  thought  necessary.  They  also  made  an  enactment  con- 
firming the  laws  passed  at  a  previous  session  of  the  Assembly, 
and  this  confirmation,  together  with  the  law  book  of  the  province, 
was  presented  to  Andross  and  his  Council.9  The  firmness  of 
the  Assembly  completely  defeated  the  designs  of  Andross. 

During  this  period  Governor  Carteret  had  made  application  to 
Lady  Elizabeth  Carteret,  the  executrix  of  Sir  George,  and  to  the 
other  individuals  concerned,  in  order  that  he  might  be  reinstated 
in  his  rights  and  powers. 

In  September,  1680,  a  communication  was  received  from  Lady 
Elizabeth,  containing  an  absolute  command  not  to  take  notice  of 
any  commissions,  warrants  or  orders  from  Sir  Edmund  Andross. 
She  also  directed,  that  an  account  of  the  charges  and  damages 
sustained  by  the  province  in  consequence  of  the  usurpation  of 
Andross,  should  .be  drawn  up,  for' that  his  Royal  Highness  the 
Duke  of  York,  upon  being  informed  of  the  acts  of  his  deputy,  had 
denied  that  he  ever  had  authority  from  him  to  perform  such  acts,10 
on  the  contrary,  that  his  Royal  Highness  would  not  derogate  in  the 
least  from  what  he  had  formerly  granted  to  Sir  George  Carteret. 
Lady  Elizabeth  also  engaged  that  the  authorities  of  the  province 
should  be  continued  and  sustained,  and  warned  all  persons  from 
obeying  or  abetting  in  any  proceedings  ordered  by  Andross  or  by 
officers  of  his  appointment.  On  the  part  of  Andross  further  pro- 
ceedings were  arrested  by  a  communication  from  the  Duke,  the 
nature  of  which  will  presently  appear. 

It  has  been  seen  that  the  proprietors  and  people  of  West  New 
Jersey  had  made  a  successful  defence  against  the  claims  of  the 


9  Grants  and  Concessions,  p.  683. 

10  Such  a  declaration  from  the  Duke  was  in  direct  contradiction  to  others  he 
had  made,  but  his  course  in  relation  to  New  Jersey  was  full  of  inconsistencies. 


RELEASE  BY  THE  DUKE  OF  YORK.  201 

Duke  in  that  province,  and  that  a  deed  was  executed  by  which 
all  the  rights  and  powers  of  his  Royal  Highness  were  surrendered 
to  others.  The  situation,  of  East  New  Jersey  in  reference  to  the 
claims  of  the  Duke  was  entirely  the  same  as  in  the  other  part  of 
the  province,  and  hence  a  gsant  of  one"  was  necessarily  followed 
by  a  similar  release  of  the  other.  "Accordingly  on  the  6th  of 
September,  1 680,  the  Duke  gave  an  order  to  Sir  John  Churchill, 
his  Attorney  General,  and  Sir  George  Jeffrys,  his  Solicitor  Gene- 

*>  ral,^  directing  them  to  prepare  an  instrument  similar  to  that  which 
bad-been  executed  to  Edward  Byllinge  and  others,  in  order  that 
he  might  release  and  confirm  the  moiety  of  New  Jersey,  called 
Eas*t  New  Jersey,  unto  Sir  Qeorge  Carteret,  the  heir  of  Sir  George 
Carteret  (lately  deceased.)11  The  fact  that  this  release  had  been 
'  made,  w*as, communicated  tQ-<Governor  Andross  by  Sir  John  Wer- 
deri,  the  Duke's  Secretary-,  in  a  letter  bearing  date  the  6th  of 
November,  1680.* 

Governor  Andross  himself  was  now  placed  in  a  situation  of 
difficulty.  His  proceedings  in  New -Jersey  had  been  disavowed 
by  the  Duke,  and  his'  'course,  not  only  in  this  province,  but  also  in 
New  York,  had  bee.n  such  as  to  occasion  much  dissatisfaction. 
Some  distrust  too,  seems  to  have  been  excited  in  the  mind  of  the 
Duke  as  to  the  faithfulness  or  discretion  .of  his'  deputy,  for  at  this 
.  time  John  Lewen  had  been  sent  out  as  a  commissioner  to  examine 

.„  into  the  condition  of  the  province,  and  "to  ascertain  the  amount  of 
revenue.  In  obedience  to  a  command  or  intimation  from  the 
Duke,  Andross  soon  afterwards  returned  to  England  and  there 
an  investigation  concerning  his  conduct  was  entered  upon.  But  the 
subtle  -deputy  succeeded  in  removing  all  suspicion,  and  was  pre- 
sently restored  to  his  master's  confidence.  He  did  not  return  to 
his  fotmer  situation,  but  at  a  subsequent  period  was  advanced  to  a 
post  of  far  higher  importance. 

Andross  had  left  as  his  representative  in  New  York,  Anthony 
Brockholst,  the  President  of  the  Council,  and  this  officer  seems 
to  have  partaken  in  a  large  degree  of  the  spirit  of  his  principal. 
To  him  Governor  Carteret,  who  had  now  resumed  his  place  and 


"  Whitehead,  note,  p.  192. 
26 


202  RELEASE  BY  THE  DUKE  OF  YOKK. 

authority,  directed  some  of  the  papers  he  had  received  in  relation 
to  the  recent  changes  in  the  state  of  affairs. 

On  the  26th  of  July,  1681,  Brcckholst  addressed  a  communica- 
tion to  Carteret,  in  reply,  in  which  he  acknowledged  the  receipt 
of  the  papers.  But  he  observed  at>the  time,  that  he  did  not  find 
in  them  any  thing  to  authorize  the  assumption  of  authority  in 
New  Jersey,  and  he  required  that  Carteret  should  desist  from 
acting  in  any  public  capacity  until  he  should  show  a  proper  war- 
rant, according  to  the  orders  and  resolves  of  the  court  at  New 
York,  and  according  to  his  own  parole.  Such  a  demand  subse- 
quent to  the  full  release  of  the  province,  and  the  consequent  ac- 
knowledgement of  Carteret's  authority,  was  truly  extraordinary. 
Carteret  replied  that  he  had  sufficient  power  to  act  as  Governor 
of  East  New  Jersey,  and  that  he  wa^  under  no  more  obligation  to 
account  to  the  authorities  of  New  York^  than  they  were  to  exhibit 
a  warrant  to  him. 

Soon  afterwards  the  General  Assembly  of  East  New  Jersey 
Was  convened,  and  amongst  other  measures  for  the  settlement  of 
the  province,  it  was  unanimously  voted,  th£t  the  proceedings  of 
Sir  Edmund  Andross  and  his  abettors  against  the  government, 
were  altogether  illegal.  This  was  the  last  act  in  this  protracted 
contest  The  whole  of  New  Jersey  was  released  from  the  Duke 
of  York,  and  all  the  claims  that  "had  been  urged  by  him,  or  on  his 
behalf,  were  entirely  abandoned  for  the  time,  though,  as  will  be 
seen,  they  were  afterwards  renewed  in  a  different  form. 

It  is  not  easy,  even  with  the  most  careful  review,  entirely  to 
understand  or  explain  the  course  of  the  Duke.  It  might  be  sup- 
posed that  he  really  conceived  that  a  claim  had  been  retained,  by 
virtue  of  which  he  might  exercise  authority  within  the  limits  of 
the  province.  But  the  question  of. right  in  the  case,  is  contained 
in  so  narrow  a  compass,  and  is  so  plain  and  open  to  view,  that  it 
seems  scarcely  possible  that  any  individual  of  common  capacity 
in  judging,  should  have  failed  to  discern  it. 

The  Duke  had  received  and  held  his  American  possessions  as 
a  Proprietary  Lord  or  Governor.  He  held  authority  in  connexion 
with  property.  The  possession  of  territory  was  made  the  basis 
of  power.  In  after  transactions  it  is  true,  the  two  might  be  sepa- 
rated, yet  without  a  special  stipulation  to  the  contrary,  the  ac- 


RELEASE  BY  THE  DUKE  OF  YORK.  •          203 

qusition  of  the  property,  which  was  the  basis,  would  carry  with 
it  the  possession  of  every  incidental  advantage.  The  Proprietary 
Lord  might  make  reservations  or  conditions  in  his  own  favor,  but 
without  this,  jurisdiction  would  be  conveyed  at  the  same  time  as 
property.  That  property  might  be  made  the  basis  of  political 
power,  was  indeed  a  vicious  and  dangerous  principle,  yet  it  had 
long  been  acknowledged  and  acted  upon  in  England,  and  its 
propriety  had  not  been  brought  into  question.  The  Duke  of 
York  then,  as  Proprietary  Lord,  executed  a  conveyance  to 
Berkely  and  Carteret,  and  in  this  act,  there  was  no  reservation; 
on  the  contrary,  it  was  expressly  said  that  the  possession  was 
conveyed  in  as  full  and  ample  a  manner  as  the  Duke  himself 
had  received  it.  It  cannot  be  disputed  that  one  of  the  inci- 
dents- of  this  possession  was 'the  exercise  of  power,  and  the 
grantees  of  the  Duke  being  put  precisely  in  his  situation,  they 
of  consequence,  became  rulers,  as  well  as  proprietors.  They, 
indeed,  were  inferior  rulers,  they  owed  and  owned  allegiance  to 
the  King,  as  the  grantor  himself  had  owed  and  owned  it,  but  no 
allegiance  other  than  this,  was  due;  they  owed  none  whatever  to 
the  Duke  of  York,  because  he  had  parted  already  with  his  rights 
and  powers.  The  decision  of  Sir  William  Jones  was  in  confirma- 
tion of  these  views.  The  claims  of  the  Duke  of  York  were  denied, 
because  he  had  made  "no  reservation  of  any  profit,  or  so  much 
as  jurisdiction."  And  beside  the  theory  of  the  case,  there  was 
also  important  practical  evidence.  The  grantees  of  the  Duke  had 
established  a  government  in  the  province  with  the  full  knowledge 
of  the  grantor;  and  he,  so  far  from  making  any  objection,  had 
actually  given  instructions  that  the  proprietors  should  be  assisted 
in  their  endeavours  "for  the  settlement  and  the  maintenance  of 
quiet  in  these  parts."  Nor  could  any  advantage  be  claimed  by 
the  Duke  On  account  of  the  change  that  was  supposed  to  have 
occurred  in  consequence  of  ihe  occupation  of  the  Dutch.  A 
second  confirmation  from  the  King  had  been  made  to  Carteret,. 
even  before  that  to  the  Duke,  and  this  confirmation  could  not  be 
annulled  by  the  commission  which  was  afterwards  given  by  the 
Duke  to  Andross.  And  besides  this,  in  the  proclamation  of  An- 
dross  himself,  all  former  grants,  privileges  or  concessions,  and 


.204     *  GOVERNMENT    AFTER    THE    DUKfi's    RELEASE. 

all  estates  legally  possessed  by  any  under  his  Royal  Highness, 
before  the  late  Dutch  government  were  confirmed.  If  the  Duke 
comprehended  his  own  position,  he  cannot  fail  to  be  convicted  of 
a  want  of  honesty  and  honor,  if  he  did  not,  (which  is  the  more 
charitable  conclusion,)  it  must  then  be  acknowledged  that  he  was 
wanting  in  capacity.  It  may  be,  as  before  observed,  that  he  was 
lacking  in  both  these  respects. 

An  incidental  advantage,  and  the  only  one  that  could  possibly 
arise,  was  experienced  in  East  Jersey  from  the  claims  and  demands 
of  the  Duke.  The  government  and  people  of  the  province  had 
been  brought  into  closer  union  in  the  opposition  they  made  to  a 
common  danger;  all  parties  had  agreed  in  resisting  the  usurpations 
of  Andrbss.  But  so  soon  as  the  outward  restraint  was  removed, 
the  latent  evil  existing  within,  began  to  be  actively  manifested. 
The  early  disaffection  to  the  government  had  only  been  quieted, 
and  a  new  occasion  of  dissatisfaction  and  complaint  had  also 
been  given.  The  disturbances  that  occurred  in  the  province 
had  led,  as  has  been  seen,  to  important  changes  in  the  proprietary 
government,  and  these  changes,  though  acquiesced  in  for  a  time, 
were  now  objected  to.  They  were  represented  as  an  infringement 
upon  the  rights  that  had  been  granted  to  the  people! 

In  October,  1681,  the  Assembly  convened  at  Elizabeth  town, 
and  an  exciting  discussion  immediately  arose  between  the  Gover- 
nor and  Council,  and  the  Representatives  of  the  people.  The 
latter  denied  that  the  proprietors  had  any  right  to  change  the  conr 
cessions,  and  that  the  change  was  contrary  to  express  stipulations 
and  giants,  whilst  the  Governor  and  Council  insisted,  that  the 
alterations  had  become  necessary,  and  were  warranted  by  the  cir- 
cumstances existing  at  the  time.  It  is  certain  that  the  conduct 
and  course  of  the  people  had  not  been  consistent  with  the  terms 
of  the  concessions ;  in  fact,  the  government  established  by  the 
proprietors  had  been  almost  entirely  subverted,  and  under  these 
circumstances  the  proprietors  may  have  thought  themselves  ab- 
solved from  their  original  obligation.  But  it  may  yet  be  doubted 
whether  entirely  new  conditions  could  be  made  binding  upon  the 
people,  without  their  assent,  and  the  only  assent  that  had  yet  been 
given  was  such  as  might  be  inferred  from  continued  acquiescence 


GOVERNMENT    AFTER    THIS    DUKE's    RELEASE.  205 

and  an  active  opposition  to  foreign  aggression.12  The  case  was 
one  that  presented  a  question  in  politics  which  seemed  to  be  open 
to  discussion,  and  which  was  warmly  discussed.  The  Represen- 
tatives declared  that  the  original  concessions  were  to  be  accepted 
according  to  the  letter,  and  without  interpretation,  and  that  the 
document  styled  "  A  Declaration  of  the  true  intent  and  meaning 
of  the  Lords  Proprietors  and  explanation  of  the  Concessions,"  was 
in  truth,  a  breach  of  the  concessions,  and  had  been  a  cause  of  great 
prejudice  to  the  rights  of  the  settlers,  and  as  the  concessions  and 
the  "Declaration"  were  contradictory,  they  demanded  that  the 
latter  should  be  made  void.  The  Governor  and  Council  replied 
that  no  false  interpretations  of  the  concessions  had  been  made, 
and  demanded  that  the  acts  of  encroachment  complained  of,  should 
be  specified,  and  by  whom  committed.  They  remarked  too,  with 
some  asperity,  that  if  the  concessions  had  been  understood,  as  ful- 
ly as  they  had  been  read  and  examined,  the  demand  that  any  part 
should  be  made  void  would  not  have  been  urged.  They  also 
allcdged  that  according  to  the  sixth  article  of  the  concessions,  the 
proprietors  had  a  right  to  make  alterations.  The  Representatives 
in  return  directly  asserted  that  the  inhabitants  were  not  obliged  to 
conform  to  the  "Declaration,"  and  that  as  the  Governor  and 
Council  instead  of  making  an  answer,  had  only  reflected  upon  the 
understanding  of  the  deputies,  they  were  compelled  to  make  their 
publication  against  the  said  "Declaration."  They  also  denied 
that  any  right  of  alteration  was  reserved  by  the  proprietors.  The 
altercation  was  continued  until  it  seemed  vain  to  look  for  a  final 
agreement,  and  at  length  James  Bollen,  (the  Secretary  of  the  pro- 
vince,) Captain  Henry  Greenland  and  Samuel  Edsall,  presented 
themselves  and  summoned  the  Representatives  immediately  to 
attend  the  Governor  and  Council.  The  Speaker  requested  time 
to  consider  the  demand,  but  without  attention  to  this  request,  a 
declaration  was  made  by  Bollen,  under  orders  from  the  Governor, 
that  "this  pretended  House  of  Deputies  be  dissolved."  He  also 
left  a  paper  reflecting  most  severely  upon  the  conduct  of  the  mem- 

"The  Representatives  in  the  General  Assembly  had*  after  the  change,  taken 
the  oaths  of  allegiance  to  the  King  and  fidelity  to  the  Lord  Proprietor,  an  act 
that  might  possibly  be  construed  as  an  acceptance  of  the  modified  government. 


206  SALE    OF    THE    PROVINCE. 

bers,  and  objecting  to  the  name  or  stile  which  they  had  assumed. 

This  was  the  first  time  that  the  Assembly  had  been  dissolved  in 
New  Jersey,  and  the  Deputies  with  unanimous  consent,  protested 
against  the  act  as  being  contrary  to  the  concessions  and  an  inno- 
vation of  the  government.13  According  to  the  concessions  as  they 
had  stood  at  first,  the  General  Assembly  had  the  power  of  determin- 
ing its  own  meetings  and  adjournments,  but  this  was  one  of  the 
particulars  in  which  a  change  had  been  made  by -the  subsequent 
"Declaration  and  Explanation." 

This  was  the  conclusion  of  legislative  proceedings  under  the 
administration  of  Governor  Carteret;  the  province  itself  was  soon 
afterwards  conveyed  into  different  hands. 

The  death  of  Sir  George  Carteret,  the  proprietor  of  East  New 
Jersey,  and  the  appointment  of  Trustees  to  make  sale  of  his  lands 
for  the  benefit  of  his  heirs,  have  already  been  mentioned.  In 
pursuance  of  this  trust,  the  persons  appointed  had  offered  the 
province  for  sale,  but  no  private  purchaser  presenting,  it  was  re- 
solved to  expose  the  entire  proprietary  interest  to  a  public  sale. 
A  strange  spectacle  was  thus  presented.  The  ownership  of  a 
country,  and  the  government  of  a  population  of  five  thousand  per- 
sons, were  offered  at  an  auction,  with  scarcely  more  form  than 
might  have  been  observed  .in  the  sale  of  merchandize,  or  the  dis- 
posal of  cattle.  But  a  train  of  fortunate  occurrences  warded  off 
from  the  province  the  disgrace  and  injury  that  might  have  been 
apprehended,  and  that  might  have  occurred,  from  such  a  procedure. 
Purchasers  appeared  whose  character  and  aims  gave  sufficient 
security  against  an  unworthy  or  improper  use  of  property  or 
power. 

The  Quakers  of  West  New  Jersey  had  been  prosperous  in 
their  attempt.  They  -had  acquired  a  territory  of  ample  extent . 
and  had  established  a  liberal  government;  they  had  also  vindi- 
cated their  rights  even  against  the  pretensions  of  the  heir  to  the 
throne,  and  had  placed  their  civil  and  religious  liberties  upcm  a 
foundation  that  promised  to  stand.  The^  success  of  their  experi- 
ment gave  encouragement  to  others  of  the  same  profession  to 
venture  upon  a  similar  trial,  and  they  resolved  with  this  view,  to 

"  Whitehoad,  p.  81  and  193. 


BALK     OF     THE     PROVINCE.  207 

embrace  the  opportunity  that  was  now  presented.  William  Penn 
with  eleven  associates,  some  of  whom  were  already  concerned  in 
New  Jersey,  became  the  purchasers  of  Carteret's  province.14 
Deeds  of  lease  and  release,  (which  are  yet  in  existence,)  were 
made  to  the  purchasers  on  the  1st  and  2d  of  February,  1681-2. 
Not  long  afterwards  each  of  these  purchasers  sold  one  half  of  his 
respective  right  to  a  new  associate,  and  thus  the  number  of  pro- 
prietors was  doubled.15  Among  the  new  associates  admitted  in 
the  manner  just  noticed,  were  persons  not  of  the  same  religious 
profession  as  the  original  purchasers,  a  circumstance  that  would 
seem  scarcely  to  harmonize  with  the  primary  movement.  But  it 
may  have  been  done  with  design,  in  order  to  relieve  the  proprietors 
from  the  charge  or  suspicion  of  an  exclusive  or  sectarian  purpose.16 
The  province  was  already  settled,  and  the  population  consisted 
of  persons  of  different  sects ;  difficulties  between  the  people  and 
the  government  already  existed,  and  new  causes  of  dissatisfaction 
were  to  be  carefully  avoided.  To  extend  and  strengthen  the  in- 
terests of  the  province  by  bringing  into,  the  connexion  persons  of 
wealth  and  distinction  in  different  parts  of  the  kingdom,  may  also 
have  been  a  part  of4he  object  in  view.17 

Beside  the  deeds  that  were  given  to  the  original  purchasers  by 
the  devisees  of  Carteret,  another  conveyance  was-  made  on  the 
14th  of  March,  1682,  to  the  new  body  of  twenty-four,  by  his 
Royal  Highness  the  Duke  of  York.  This  was  done,  as  was  said, 
"  for  the  better  extinguishing  of  all  such  claims  and  demands  as 
his  said  Royal  Highness  or  his  heirs  may  in  any  wise  have,  of, 
or  in,  the  premises  aforesaid,  or  any  part  of  them,"  and  to  the 


14  They  gave  the  sum  of  3,400  pounds. 

"  The  original  proprietors  were  William  Penn,  Kobert  West,  Thomas  Rud- 
yard,  Samuel  Groome,  Thomas  Hart,  Richard  Mew,  Ambrose  Riggs,  John 
Hay  wood,  Hugh  Hartshome,  Clement  Plumstead,  Thomas  Cooper  and  Thomas 
Wilcox  who  soon  parted  with  his  entire  interest  The  new  associates  were 
James,  Earl  of  Perth,  John  Drumond,  Robert  Barclay,  David  Barclay,  Robert 
Gordon,  Arent  Somnans,  Gawen  Lawrie,  Edward  Byllinge,  James  Braine, 
William  Gibson,  Thomas  Barker,  Robert  Turner,  and  Thomas  Warne. 

16  It  had  been  objected  that  a  province  governed  by  Quakers  must  be  left  un- 
provided of  the  means  of  military  defence. 

11  Some  of  the  new  proprietors  were  of  Scotland  and  others  of  Ireland. 


208  GOVERNMENT    UNDER    THE    NEW    PROPRIETARY. 

aforesaid  persons  the  Duke  also  granted  "  all  and  every  such  and 
the  same  powers,  authorities,  jurisdictions,  government,  and  all 
other  matters  and  things  whatsoever,  that  ever  were,  or  were  in- 
tended to  be  granted  unto  his  .Royal  Higlmess,  his  heirs  and 
assigns."18  In  addition  to  this,  on  the  3d  of  November,  1683,  the 
King  issued  a  letter  in  which  the  grant  of  the  Duke  of  York  to  the 
Proprietors,  was  fully  confirmed,  and  his  Majesty  also  declared 
his  Royal  will  and  pleasure  that  all  persons  concerned  in  the  pro- 
vince should  yield  all  due  obedience,  to  the  laws  and  government 
of  the  grantees,  and  their  heirs  and  assigns,  as  absolute  proprietors 
and  governors  thereof.19 

The  new  body  of  Proprietors  did  not  immediately  devise  or 
"digest  a  system  of  laws,  bu't  they  adopted  measures  for  the  main- 
tenance of  government  within  the'p'rovince.  They  proceeded  at 
once  to  appoint  a  Governor,  and'  their  choice  for  this  office  fell 
upon  Robert  Barclay,  of  Urie,  fix  Scotland.  He  was  one  of  the 
number  of  proprietors/and  at  this  time  had  become  much  distin- 
guished both  in  his  own  religious  society^,  and  also  in  the  world  of 
letters,  '  'An  eatrly  convert  to  Quakerism,  he  had  shown  a  sincere 
and  earnest  attachment  to  the  principles  and^faith  of  his  sect,  as 
well  as  the  highest  ability  in  explaining  and  defending  them.  His 
good  condition  in  the  world,  his  acknowledged  capacity,  and  more 
than  these,  the. purity  of  his  life',^nd  his  good  name  as  a  "Friend," 
all  pointed  him  out  as  the  person  best  fitted  for  the  principal  situa- 


18  It  is  not  easy  to  cohceive*what  "  claims  and  demands"  his  Royal  Highness 
could  have  had  upon  the  province,  at  this  time.  He  had  already  maSe  two  con- 
veyances including  both  property  and  jurisdiction.  It  has  been  presumed  that  the 
grant  resulted  from  an  application  to  the  Duke  by  one  of  the  proprietors^  This 
person  represented  (in  a  letter  to  Sir  John  Werden,  the  Duke'«  Secretary)  that 
the  proprietors  of  East  New  Jersey  desired  "  to  have  our  grant  rather  holden 
by  charter  of  his  Royal  Highness,  than  as  it  is  at  present  by  transmission  from' 
our  authors,  without  any  augmentation  of  our  privileges,  but  to  be  under  the 
Duke's  immediate  protection."  The  answer  to  this  application  was  not  decisive. 
The  Secretary  wished  to  know  whether  the  proprietors  desired  to  add  East 
Jersey  to  New  York,  or  whether  they  wished  to  remain  distinct,  only  with  the  ' 
Duke's  confirmation  of  their  rights  and  possessions,  as  formerly  held  by  Sir 
George  Carteret  See  Whitehead,  p.  195. 

"Grants  and  Concessions,  p.  151. 


GOVERNMENT    UNDER    THE    NEW    PROPRIETORS.  209 

tion  in  the  government.  An  additional  reason  for  the  present  ap- 
pointment has  also  been  suggested.  The  sect  of  Quakers  were 
still  opposed,  and  at  times  oppressed,  but  it  is  yet  represented 
that  they  were  regarded  with  a  degree  of  favor  by  the  principal 
persons  at  the  English  court,  and  that  the  elevation  of  Barclay,  a 
conspicuous  member  of  this  society,  was  supposed  to  agree  with 
the  wishes  of  the  King,  and  of  his  brother,  the  Duke  of  York. 
The  agreement  between  the  Quakers  and  the  court  has  been  ex- 
plained in  a  manner  not  much  to  the  advantage  or  credit  of  the 
former. 

It  has  been  said  "that  the  falsehood  and  cruelty  that  stained 
the  conduct  of  Charles  and  James,  rendered  them  hateful  to  all 
men  except  the  Catholics  and  Quakers."20  The  assertion  that 
the  vices  of  the  King,  or  the  court,  were  looked  upon  with  any 
complacency  by  the  followers  of  Fox,  if  not  a  calumny,  can  only 
be  considered  as  a  gross  mistake.  The  sympathy,  so  far  as  any 
existed  in  the  case,  was  founded  upon  different  grounds.  At  this 
period  both  Charles  and  James  were  in  real  opposition  to  the 
people  of  England,  in  regard  to  religion.  Charles  himself  had  no 
religion  whatever,  either  in  profession  or  in  fact,  but  his  pre- 
ferences were  rather  in  favor  of  the  Catholics.  James  was  a 
rigid  Catholic,  and  was  often  imprudent  both  in  the  avowal  and 
in  the  support  of  his  faith.  But  the  English  people  had  the 
strongest  dislike  to  the  Catholic  religion,  and  in  consequence,  the 
movements  of  the  court  were  looked  upon  with  constant  anxiety 
and  suspicion,  and  a  party  opposed  to  the  Duke  as  the  heir  to  the 
throne,  was  constantly  gaining  in  strength. 

Penn  and  Barclay  and  the  rest  of  their  sect,  kept  themselves 
apart  from  every  thing  tending  to  disturbance  in  the  State;  nothing 
of  this  sort  accorded  with  their  feelings,  or  was  supposed  to  fall 
within  the  sphere  of  their  duties.  Beside  this  negative  virtue, 
which  could  not  but  be  noticed,  the  Quakers  were  also  the  advo- 
cates of  free  toleration  in  religion,  and  in  this  particular  they  fell 
in  with  the  views  which,  at  the  time,  either  from  interest,  or  con- 


30  Grahame. — This  author,  however,  attempted  to  soften  his  assertion  by  at- 
tributing the  compliance  of  the  Quakers  less  to  want  of  integrity,  than  a  lack 
in  penetration. 
27 


210  GOVERNMENT    UNDER   THE     NEW    PROPRIETORS 

viction,  were  maintained  by  the  Duke.  These  were  the  points 
of  union  between  the  leaders  of  the  Society  of  Friends,  and  the 
court,  and  these  were  the  only  points. 

The  appointment  of  Robert  Barclay  as  Governor,  was  made 
with  a  condition,  that  he  should  not  be  required  to  reside  in  the 
province,  but  might  exercise  his  office  by  deputy.  At  an  early 
period  a  deputy  was  appointed  in  the  person  of  Thomas  Rudyard ; 
he  was  an  Attorney  of  some  distinction  in  London,  and  had  been 
brought  into  communication  with  "Friends"  by  assisting  at  the 
trial  of  Penn  and  Mead.  He  soon  departed  for  the  province  in 
company  with  Samuel  Groome,  who  was  to  serve  as  Receiver 
and  Surveyor  General.  Both  Rudyard  and  Groome  were  of  the 
number  of  proprietors.21  They  bore  a  letter  from  Governor 
Barclay,  directed  to  "The  Planters  and  Inhabitants  of  the  pro- 
vince of  East  Jersey  in  America."  In  this  communication,  the 
Governor  on  behalf  of  himself  and  the  other  proprietors,  set  forth, 
that  it  was  their  principal  desire  to  approve  themselves  in  the 
situation  in  which  Providence  had  placed  them,  so  that  the  welfare 
of  the  people  might  be  promoted  by  the  new  relation,  and  that 
they  held  themselves  obliged  by  the  laws  of  God  and  the  just 
laws  of  man,  as  well  as  their  own  interest,  to  use  all  proper 
means  to  render  the  plantation  prosperous ;  and  it  was  added  that 
they  had  sent  over  two  or  three  of  their  number,  "  honest  and 
prudent  men,"  with  suitable  instructions,  who  would  confirm  the 
rights  of  such  as  were  there  planted  upon  the  concessions  hereto- 
fore granted,  and  supply  any  defects  therein. 

Soon  after  his  arrival  in  the  province  Rudyard  appointed  six 
persons  as  his  Council,  before  whom  he  was  sworn  in  office  as 
Deputy  Governor  of  the  province.22 

The  "suitable  instructions"  given  by  the  proprietors  have  not 
been  preserved,  but  their  import  may  be  gathered  from  the  subse- 
quent proceedings.  The  former  concessions  were  to  continue  in 


21  They  had  been  appointed  to  their  respective  offices  on  the  same  day,  Sep- 
tember 16th,  1682,  and  arrived  in  the  province  November  13th,  of  the  same 
year.  White/iead,  p.  95. 

33  The  Council  were  Lewis  Morris,  John  Berry,  John  Palmer,  William  Sand- 
ford,  Lawrence  Andross  and  Benjamin  Price. 


GOVERNMENT  UNDER  THE  NEW  PROPRIETORS.      211 

force,  including  the  provisions  in  relation  to  government,  and  also 
for  the  disposition  of  lands  and  the  collection  of  rents.23 

On  the  1st  of  March,  1682,  an  Assembly  of  the  province  was 
called,  which  convened  at  Elizabethtown,  and  two  subsequent 
sessions  were  held  in  the  course  of  the  year.  During  these  ses- 
sions important  enactments  were  made.  County  divisions,  which 
hitherto  had  been  but  imperfectly  marked,  were  now  distinctly 
set  forth,  and  established.  Four  counties  were  erected,  Bergen, 
Essex,  Middlesex,  and  Monmouth.  In  each  of  the  counties  a 
High  Sheriff  was  to  be  commissioned.24  Laws  were  also  passed 
re-organizing  and  establishing  the  judicial  department  of  the 
government.  Certain  courts  which  had  been  erected  without  the 
authority  of  the  General  Assembly,  were  abolished.25  One  general 
court  for  the  whole  province  was  to  be  instituted,  to  be  called  "  a 
Court  of  Common  Right,"  to  which  jurisdiction  was  given  in  all 


33  In  a  letter  written  some  time  after  his  arrival,  Groome  observes,  "I  purpose 
shortly  to  write  to,  and  demand  of  all  places  the  quit  rents  and  arrears;  they 
generally  say  they  will  pay.  Captain  Berrie  is  two  or  three  hundred  pounds 
behind  in  arrears,  as  is  said,  because  his  case  differs  from  others  a  little.  I'll 
(God  permitting)  begin  with  him  first  of  all  about  his  rent,  and  either  have 
money  or  land.  Smith's  New  Jersey,  p.  174. 

w  The  Sheriff  was  the  particular  officer  of  a  county,  in  fact,  the  word  is  de- 
rived from  the  existence  and  authority  of  such  an  officer  as  county,  comitatus, 
is  derived  from  comes,  the  Count  of  the  Franks;  that  is,  the  Earl  or  Aderman 
(as  the  Saxons  called  him,)  of  the  Shire,  this  office  was  usually  exercised  by 
deputy,  still  called  in  Latin  vice-comes-  Blackstone. 

™  After  the  dissolution  of  the  Assembly  by  Governor  Carteret,  in  16S1,  special 
commissions  had  been  given  by  the  Governor  for  holding  courts,  and  it  was 
now  alleged  that  such  commissions  were  contrary  to  the  concessions.  Under 
the  "Explanations"  of  the  proprietors,  the  Governor  and  Council  had  power  to 
constitute  courts  in  particular  corporations  already  settled,  but  the  Courts  of 
Sessions  and  Assises  were  to  be  constituted  and  established  by  the  Governor 
and  Council  and  the  Assembly.  Beside  the  irregularity  in  the  mode  of  estab- 
lishing the  courts,  objection  was  made  to  the  persons  holding  the  commissions ; 
Robert  Vicers  and  Captain  Henry  Greenland  were  named,  who  it  was  said  had 
committed  divers  misdemeanors  and  arbitrary  actions,  as  by  their  being  instru- 
mental in  dissolving  the  Assembly  in  1681,  to  the  prejudice  of  the  public  busi- 
ness of  the  province,  and  they  were  declared  incapable  of  holding  any  office  or 
trust  in  the  province.  Grants  and  Concessions,  p.  228. 


212       GOVERNMENT  UNDER  THE  NEW  PROPRIETORS. 

cases,  capital  and  criminal,  or  civil  causes  of  equity,  and  causes 
tryable  at  common  law.  To  this  court  appeals  might  be  taken 
from  any  inferior  tribunals,  in  all  actions  or  suits  for  five  pounds 
or  upwards.  It  was  to  be  the  supreme  court  of  the  province,  and 
to  consist  of  twelve  members,  or  six  at  the  least;  four  terms  to  be 
held  in  the  year,  at  Elizabethtown,  in  the  county  of  Essex. 

County  courts  were  also  erected ;  they  were  to  be  held  in  each 
county  within  the  province,  in  which  all  causes  and  cases  might 
be  brought  to  be  tried  by  the  verdict  of  twelve  men  of  the  county. 
The  Justices  of  the  Peace  of  the  respective  counties  were  to  be 
the  Judges  of  the  county  courts,  and  three  at  least  must  be  pre- 
sent. But  it  was  provided  that  the  distinction  of  counties,  and 
the  settlement  of  county  cpurts  should  not  entrench  upon  the 
powers  or  privileges  of  any  grant  or  charter  then  existing.26 
Beside  the  courts  above  mentioned,  courts  of  small  causes  were 
also  erected,  to  be  held  in  each  town,  in  every  month  throughout 
the  year,  to  consist  of  three  persons  without  a  jury,  or  a  jury 
might  be  called,  should  either  of  the  parties  require  it. 

Acts  were  passed  determining  anew  the  criminal  and  penal 
codes.  The  levitical  laws  were  followed  in  many  particulars,  but 
capital  punishment  was  allowed  in  a  much  smaller  number  of 
cases  than  under  the  former  laws  of  the  province.  It  was  provided 
that  in  all  capital  or  criminal  cases  there  should  be  a  grand  inquest 
who  should  first  present  the  offence,  and  then  twelve  men  of  the 
neighborhood  should  try  the  offender.  All  persons  arrested 
should  be  bailable  by  sufficient  sureties,  unless  for  capital  offences 
where  the  proof  was  evident,  or  the  presumption  great.  The  estates 
of  murderers,  after  all  debts  were  paid,  to  go,  one-third  part  to 
the  next  of  kin  to  the  sufferer,  and  the  remainder  to  the  next  of 
kin  to  the  criminal.  Penalties  were  prescribed  against  those 
who  should  be  guilty  of  resisting  authority,  of  profane  swearing, 
drunkenness,  incest,  adultery,  fornication,  and  Sabbath  breaking. 

Enactments  were  made  for  the  compensation  of  the  Governor, 
and  for  defraying  the  public  charges  of  the  province.  The  amount 


*  Bergen,  Middlelown,  Shrewsbury,  Woodbridge  and  Piscataway,  each  had 
charters  giving  them  special  privileges. 


GOVERNMENT  UNDER  THE  NEW  PROPRIETORS.       213 

required,  was  apportioned  to  be  raised  within  the  counties  by 
taxation  upon  improved  lands  and  stocks.27 

At  an  early  period  a  difficulty  arose  between  Rudyard  and 
Groome.  The  former  pursued  a  course  in  relation  to  the  disposi- 
tion of  lands  which  infringed  upon  the  powers,  or  was  contrary 
to  the  views  of  the  latter.  Groome  refused  to  make  surveys  of 
land  which  he  supposed  to  be  ordered  with  an  especial  view  to 
the  advantage  of  particular  persons,  and  which  he  believed  would 
be  contrary  to  the  interests  of  the  proprietors.  Rudyard  insisted, 
and  at  length,  as  the  principal  officer  in  the  province,  he  sus- 
pended the  Surveyor  General  from  office  and  proposed  to  appoint 
another  in  his  place.  The  difference  was  finally  brought  to  the 
notice  of  the  proprietary  body,  and  after  full  investigation  a  deci- 
sion was  made  in  opposition  to  the  acts  and  claims  of  the  Deputy 
Governor.  Groome  was  confirmed  in  office,  and  it  was  declared 
that  such  grants  of  land  as  had  been  yielded  by  the  Governor,  and 
not  surveyed  by  Groome,  should  not  be  regarded  as  valid.  The 
proprietors  also  resolved  that  another  Deputy  Governor  should  be 
chosen,  though  they  acknowledged  the  services  of  Rudyard  in 
many  particulars  and  especially  in  "resisting  and  curbing  the 
tumultuous  spirit  there,"  and  they  were  willing  that  he  should 
remain  in  office  as  Secretary  and  Register  of  the  province,  and  in 
this  capacity  he  was  retained  and  continued  to  serve.28 

On  the  17th  of  July,  1683,  a  new  commission  was  given  to 
Barclay  as  Governor  of  East  Jersey.  The  proprietors  declared 
that  the  power  of  government  in  the  province  had  devolved  upon 
them  with  authority  to  appoint  such  Governor  and  Commissioners 


31  The  sum  of  fifty  pounds  was  to  be  raised,  of  which  the  county  of  Bergen 
was  to  pay  eleven  pounds,  Essex  fourteen,  Middlesex  ten,  and  Monmouth  fif- 
teen pounds.  These  sums  might  be  paid  in  money,  or  in  wheat,  or  corn,  or 
other  produce,  at  specified  rates. 

29  It  is  probable  that  Rudyard  was  supposed  not  to  have  been  wholly  disin- 
terested in  the  transaction  of  the  business  of  his  office.  The  proprietors  say, 
"  we  are  very  sensible  of  Samuel  Groome's  honesty  and  fidelity  to  our  interest, 
in  his  care  in  seeking  out  and  discovering  the  best  land,  and  surveying  it  for 
our  use,  and  in  refusing  to  comply  with  the  particular  interest  of  any  there,  by 
accommo(lati?ig  them  with  lands,  or  others  at  their  desire,  to  our  general 
prejudice."  Grants  and  Concessions,  p.  182. 


214       GOVERNMENT  UNDER  THE  NEW  PROPRIETORS. 

for  the  well  governing  of  the  province  as  they  should  think  meet, 
and  that  from  confidence  in  the  skill  and  integrity  of  Robert  Bar- 
clay, they  constituted  and  appointed  him  Governor  all  the  days 
of  his  life.29  Authority  was  given  to  him  to  do  every  thing  ap- 
pertaining to  the  charge  or  office  of  Governor,  according  to  his 
commission,  and  according  to  the  laws  and  constitutions  already 
existing,  or  that  may  hereafter  be  made ;  and  the  office  and 
trust  were  given  to  him  without  laying  upon  him  any  necessity 
to  repair  to  the  province,  but  with  liberty  to  appoint  a  deputy 
during  his  absence,  to  be  approved  by  sixteen  of  the  proprietors. 

Not  long  afterward,  Barclay  appointed  a  Deputy  Governor  in 
the  place  of  Rudyard.  The  office  was  now  given  to  Gawen 
Lawrie,  a  Friend,  and  also  a  proprietor.  His  commission  was 
dated  in  July,  1683.  Lawrie  had  long  been  concerned  in  West 
New  Jersey,  and  was  entirely  conversant  with  provincial  affairs. 
In  his  commission  he  is  mentioned  by  Barclay  as  "his  trusty  and 
well  beloved  fellow  proprietor;"  he  was  to  hold  the  place  of 
Deputy  Governor  for  so  long  a  time  as  he  should  conduct  himself 
well,  not  exceeding  seven  years,  and  he  also  had  power  "  in  case 
of  urgent  necessity,"  to  appoint  a  deputy  under  him. 

The  instructions  given  to  Lawrie  by  his  principal,  Barclay, 
show  the  pacific  influences  that  had  come  to  prevail  since  the 
establishment  of  the  rule  of  the  new  proprietors.  He  was  directed 
(when  it  should  please  God  to  bring  him  into  the  province,)  to 
take  due  care  to  observe  the  act  of  navigation,  and  to  see  that  it 
be  infringed  in  nothing,  as  to  what  relates  to  the  King's  customs, 
or  otherwise.30  He  was  to  maintain  a  good  and  friendly  corres- 
pondence with  the  Governor  and  colony  of  New  York,  as  well  as 


39  It  is  supposed  that  his  former  commission  had  not  been  for  life — Grants 
and  Concessions,  p.  166. 

30  The  acts  of  navigation  had  excited  much  dissatisfaction,  and  in  some  of 
the  colonies,  open  opposition.  In  1679,  Massachusetts  declared  that  they  were 
an  invasion  of  the  rights  and  privileges  of  the  subjects,  yet  as  his  Majesty  had 
given  orders  that  they  should  be  observed,  a  law  of  the  province  was  made  re- 
quiring that  they  should  be  strictly  enforced.  The  instructions  of  the  Governor 
of  East  Jersey  are  probably  to  be  understood  in  a  similar  way,  not  as  an  ap- 
proval of  the  act,  but  for  the  purpose  of  avoiding  contention  to  provide  for  the 
observance  of  these  laws  under  the  authority  of  the  province. 


GOVERNMENT    UNDER    THE    NEW    PROPRIETORS.  215 

with  the  other  neighboring  colonies.  He  was  to  conduct  himself 
with  tenderness  toward  the  people  of  his  province ;  to  attend  to 
the  matter  of  quit  rents,  and  to  examine  into  the  claims  of  those 
who  insisted  upon  patents  and  grants  obtained  from  Governor 
Nicholls.  He  was  to  take  care  that  the  people  should  rightly 
understand  the  advantages  of  the  scheme  of  government  which 
had  been  prepared,  and  which  was  then  sent  over  to  be  established. 
He  was  instructed,  in  relation  to  the  laws  passed  at  the  last  ses- 
sion of  the  General  Assembly,  and  which  had  been  sent  over  for 
approval,  that  though  the  proprietors  did  not  object  to  some  of 
them,  yet  they  did  not  think  proper  to  confirm  them,  as  a  new 
frame  of  government,  "far  more  advantageous"  to  the  province, 
was  now  to  be  introduced,  and  things  should  be  ordered  accord- 
ingly.31 

Lawrie  did  not  arrive  in  the  province  until  the  year  after  his 
appointment.  He  was  received  by  the  Council  appointed  by  his 
predecessor,  and  his  commission  was  read  in  their  presence,  and 
the  oath  of  office  administrated  on  the  28th  of  February.  The 
same  persons  were  continued,  for  the  time,  in  the  Council.32 

The  Deputy  was  intrusted  with  the  new  code  of  laws,  called 
"The  Fundamental  Concessions,"  which  had  been  devised  by 
the  proprietors,  for  the  government  of  the  province.  This  plan 
differed  in  many  particulars  from  the  concessions  of  the  former 
proprietors.  The  first  of  its  articles  which  prescribed  the  mode 
of  appointing  a  Governor  and  the  term  of  his  office,  sufficiently 
manifested  that  the  appointment  of  Barclay  for  life,  and  without 
residence,  had  only  been  made  in  consideration  of  high  and  unu- 
sual merit.  It  provided,  that  after  his  death,  (or  in  case  of  such 
malversation  as  should  cause  him  to  be  divested  of  office,)  the 
proprietors  should  choose  a  successor,  who  should  be  required  to 
reside  in  the  province,  and  who  should  continue  in  office  only  for 


31  The  laws  above  mentioned  were  afterwards  confirmed,  excepting  only  a 
few  particulars.  Grants  and  Concessions,  p.  279  and  281. 

33  Afterwards,  in  November,  1684,  a  change  was  made  in  the  Council,  Lewis 
Morris,  Richard  Hartshorne,  Major  Berry,  Major  Sandford,  Isaac  Kinglands, 
Thomas  Codrington,  Benjamin  Price,  Henry  Lyons  and  Samuel  Dennis  were 
appointed.  Wiiitthead,  p.  100. 


216  GOVERNMENT    UNDER    THE    NEW    PROPRIETORS. 

** 

three  years,  and  that  if  any  one  should,  within  that  period,  propose 
his  continuance  for  a  longer  time,  or  to  choose  him  anew,  or  his 
son,  it  should  be  esteemed  as  a  betrayal  of  the  public  liberty  of 
the  province,  and  the  actor  be  esteemed  a  public  enemy. 

The  legislative  authority  of  the  province  was  placed  in  a  "Great 
Council,"  to  consist  of  the  four  and  twenty  proprietors,  or  their 
proxies,  and  one  hundred  and  forty-four  persons  to  be  chosen  by 
the  freemen  of  the  province ;  but  at  first,  until  other  divisions 
should  be  made  in  the  province,  seventy-two  only  of  these  Repre- 
sentatives were  to  be  chosen,  making  with  the  Proprietors  or  their 
Representatives,  ninety-six  members.  All  persons  were  to  be 
capable  of  choosing,  or  being  chosen  in  the  Great  Council,  who 
were  planters  and  inhabitants  within  the  province,  and  were  pos- 
sessed of  a  certain  specified  freehold  estate.  The  Council  were 
to  form  one  body,  and  it  should  be  the  privilege  of  each  member 
to  propose  any  bill,  and  all  matters  should  be  determined  by  vote 
of  two-thirds,  yet  twelve  proprietors,  or  their  proxies,  must  be 
assenting,  to  pass  any  act.  A  quorum  of  the  body  might  be 
formed  to  consist  of  one-half  the  proprietors  or  their  proxies,  and 
half  of  the  deputies  at  least,  and  in  the  determinations  of  matters 
before  them  the  proportionate  weight  of  the  two  branches  should 
be  the  same  as  before,  one-half  of  the  proprietors  present,  and 
two  parts  of  the  deputies.33 

All  laws  were  to  be  published  and  to  run  in  the  name  of  the 
Governor,  Proprietors,  and  Representatives  of  the  freemen  of  the 
province.  For  avoiding  a  multitude  of  statutes  it  was  determined 
that  no  law  should  remain  in  force  more  than  fifty  years  after  it 
was  enacted,  unless  confirmed  de  novo,  excepting  the  fundamental 
articles  or  concessions  which  were  not  to  be  repealed,  but  to  re- 
main forever  in  force. 


33  In  this  body,  although  the  two  branches  were  to  meet  in  one  house,  a  dis- 
tinction of  character  was  yet  to  be  maintained  between  them,  in  voting.  It  is 
possible  that  a  similar  mode  of  acting  may  have  been  contemplated,  though  not 
expressly  directed,  in  the  concessions  of  Berkely  and  Carteret,  but  there,  as 
has  been  seen,  the  branches  became  distinct  at  the  very  commencement  of  their 
proceedings,  not  merely  in  voting,  but  also  in  sitting,  so  as  fully  to  constitute 
two  houses,  and  this  separation  was  afterwards  confirmed  by  the  proprietors. 


GOVERNMENT    UNDER    THE     NEW    PROPRIETORS.  217 

The  executive  authority  was  to  be  composed  of  the  Governor, 
and  Common  Council,  the  latter  to  consist  of  the  twenty-four  pro- 
prietors, or  their  proxies,  and  twelve  persons  chosen  by  ballot  out 
of  the  Great  Council.34 

The  execu  ive  body  appointed  the  public  officers  of  the  province, 
as  the  Secretary,  Register,  Treasurer,  and  Surveyor  General,  as 
also  all  Sheriffs,  Judges  and  Justices  of  the  Peace. 

It  was  provided  that  no  person  within  the  province  should  be 
taken,  imprisoned,  or  injured  in  his  person  or  estate,  but  by  law- 
ful judgment  of  his  peers,  neither  should  justice  be  bought  or  sold, 
deferred  or  delayed.  All  trials  should  be  by  twelve  men,  as  near 
as  may  be  peers  and  equals,  and  men  without  just  exception.  In 
all  courts  persons  of  all  persuasions  might  appear  in  their  own 
way  and  manner,  and  plead  their  own  causes,  or  if  unable,  by 
their  friends,  no  person  being  allowed  to  take  money  for  pleading, 
or  advice,  in  such  cases.  No  monies  should  be  levied  within,  or 
upon  any  within  the  province,  but  by  a  law  passed  by  the  Great 
Council,  and  if  any  one  should  levy,  collect,  or  pay  monies  with- 
out a  law  thus  passed,  he  should  be  held  a  public  enemy,  and  a 
betrayer  of  the  public  liberty.  No  person  who  should  confess 
and  acknowledge  the  one  Almighty  and  Eternal  God,  and  hold 
himself  obliged  in  conscience  to  live  peaceably  and  quietly  in 
civil  society,  should  be  molested  or  prejudged  for  his  religious 
persuasion  and  exercise  in  matters  of  faith  or  worship,  nor  be 
compelled  to  frequent  or  maintain  any  religious  worship  place  or 
ministry,  yet  no  man  should  be  admitted  a  member  of  the  Great 
or  Common  Council,  or  any  other  place  of  public  trust,  who 
should  not  profess  faith  in  Jesus  Christ,  and  solemnly  declare 
that  he  doth  not  feel  himself  bound  in  conscience  to  do  any  thing 
to  subvert  the  government  of  the  province,  or  to  injure  any  per- 
son because  they  may  differ  from  him  in  judgement,  or  because,  in 
his  opinion  they  are  heretics.35 

"  The  members  of  the  executive  body,  thirty-six  in  number,  were  to  be  dis- 
tributed into  three  committees,  twelve  for  the  public  policy  and  to  look  to  man- 
ners, education  and  the  arts,  twelve  for  trade  and  the  management  of  the  public 
treasury;  and  twelve  for  the  plantations  and  all  controversies  respecting  them. 

M  But  it  was  said  that  it  was  not  intended  that  any  under  the  notion  of  liberty 
"  shall  allow  themselves  to  avow  atheism,  irreligiousness,  or  to  practice  cursing, 
28 


218  GOVERNMENT    UNDER    THE    NEW    PROPRIETORS. 

The  provisions  for  the  defence  of  the  province  were  so  made 
as  to  meet  the  difference  of  opinions  and  views  existing  in  the 
proprietary  body,  it  being  declared  that  among  the  present  pro- 
prietors, "there  were  several  who  have  no  freedom  to  defend 
themselves  with  arms,  and  others  who  judge  it  their  duty  to  de- 
fend themselves,  wives  and  children,  with  arms."  It  was  there- 
fore agreed  that  they  should  not  force  each  other  against  their 
respective  judgements  and  consciences,  and  that  no  iv.an  who  should 
declare  that  he  could  not  in  conscience  bear  arms,  should  be  re- 
quired to  do  so,  or  to  provide  another  in  his  stead,  and  on  the 
other  hand,  those  who  should  judge  it  their  duty  to  take  up  arms 
in  the  public  defence,  should  have  their  liberty  to  do  this,  in  a 
legal  manner.  The  same  tenderness  was  to  be  observed  in  legis- 
lation in  providing  for  the  defence  of  the  province  by  the  establish- 
'ment  of  forts,  castles,  or  other  military  works.  So  also,  none  of 
the  inhabitants  should  be  forced  to  contribute  money  for  the  pur- 
chase and  use  of  arms  contrary  to  their  consciences ;  whatever 
might  be  raised  for  these  purposes  should  be  paid  by  such  as  felt 
themselves  free  in  the  case,  provided  that  those  who  opposed  the 
bearing  of  arms  should  pay  so  much  in  other  charges,  as  to  make 
up  their  proportion  of  the  general  expense  of  the  province. 

But  to  these  concessions  certain  conditions  were  appended.  The 
proprietors  set  forth,  that  they  had  been  met  "for  good  and 
weighty  considerations,  and  as  a  further  signification  and  expla- 
nation of  our  intentions  therein,"  to  declare,  that  tins  scheme  of 
government  and  the  privileges  it  granted  were  only  to  be  allowed 
to  those  who  should  become  planters  and  inhabitants  in  the  pro- 
vince, after  the  arrival  of  Governor  Lawrie,  and  not  to  those  before 
settled;  nevertheless,  they  might  be  granted  to  the  former  inhabi- 
tants and  planters,  upon  compliance  with  certain  conditions.  The 
grants  and  patents  by  which  these  persons  claimed  to  hold  land, 
should  first  be  viewed  and  examined  by  the  Deputy  Governor 
and  the  major  part  of  the  proprietors  who  should  be  present  at 
the  place  appointed  for  such  examination,  and  all  legal  titles  should 


swearing,  drunkenness,  profaneness,  whoring,  adultery,  murdering,  or  any  kind 
of  violences,  or  indulging  themselves  in  stage  plays,  masks,  revels,  or  such  like 
abuses." 


GOVERNMENT  UNDER  THE  NEW  PROPRIETORS.      219 

be  entered,  and  registered  for  confirmation,  by  the  new  proprie- 
tors. Full  satisfaction  should  also  be  given  for  the  arrearages  of 
quit  rent  and  for  punctual  payment  in  future,  and  the  settlers 
should  agree  to  a  grant  for  the  constant  support  of  the  government. 
If  any  should  prove  refractory  in  these  particulars,  they  were  to 
be  treated  accordingly;  those  who  might  justly  claim  to  the  former 
concessions,  were  to  be  ruled  by  them,  and  others  were  to  be 
governed  according  to  the  full  extent  of  the  authority  vested  in  the 
proprietors.36 

But  the  projected  government  was  not  brought  into  action. 
The  proprietors  had  directed  the  deputy  to  take  care  to  let  the 
people  rightly  understand  the  advantages  it  gave,  and  "as  soon 
as  possibly  he  can,  order  it  to  be  passed  in  an  Assembly,  and  set- 
tle the  country  accordingly."  It  is  possible  that  the  question 
might  again  have  been  started  which  had  formerly  arisen,  as  to 
the  obligation  of  the  settlers  to  submit  to  the  several  changes  of 
government  which  the  proprietary  body  might  think  proper  to 
direct.  But  beside  this,  the  "advantages"  of  the  plan  that  was 
now  presented,  were  not  so  clearly  perceived,  or  so  highly  valued 
by  the  people,  as  they  seem  to  have  been  by  the  framers  them- 
selves. The  concession  respecting  contributions  or  services  for 
military  purposes,  however  important  in  the  view  of  a  portion  of 
the  proprietors,  were  not  highly  considered  by  the  colonists. 
The  Quakers  formed  but  a  small  proportion  of  the  population  of 
the  province,  and  by  others,  these  regulations  would  be  but  little 
esteemed,  if  not  actually  disliked.  Nor  was  there  much  in  the 
form  of  the  government  itself,  to  recommend  it  to  especial  favor.3? 


36  Grants  and  Concessions,  p.  179. 

31  Beside  the  provisions  relating  to  military  affairs,(and  these,  though  just,  would 
only  be  acceptable  to  a  part  of  the  settlers,)  the  principal  advantage  of  the  new 
scheme  as  compared  with  the  former  one,  was  the  power  it  gave  to  the  legisla- 
tive body  over  its  own  meetings.  It  is  said  by  Whitehead,  that  the  acceptance 
of  the  new  government  would  have  involved  the  destruction  of  a  system  already 
established  and  tried,  and  which  in  "all  its  general  characteristics"  was  in  ac- 
cordance with  their  wishes.  But  the  people  had  not  manifested  full  content 
with  their  government;  the  former  concessions,  with  the  "explanation,"  had 
been  strongly  objected  to,  as  has  been  seen,  yet  still,  it  was  probably  supposed 
to  be  at  least  as  advantageous  as  the  one  now  offered. 


220  GOVERNMENT    UNDER    THE    NEW    PROPRIETORS. 

In  consequence,  the  former  supporters  of  government  would  be 
but  little  disposed  to  a  change,  and  the  opponents  of  government 
would  not  be  conciliated.  By  providing  for  the  continuance  of 
two  different  systems  or  forms  of  government,  either  of  which 
might  be  administered  according  to  circumstances,  the  proprietors 
probably  designed,  that  a  way  might  be  opened  for  a  removal  of 
the  difficulties  which  had  heretofore  existed,  particularly  in  re- 
ference to  the  titles  to  land.  It  may  have  been  supposed  that  by 
such  a  procedure  the  whole  of  the  settlers  would  be  gradually 
brought  into  full  acquiescence.  But  the  opponents  of  the  propri- 
etary regulations  had  never  been  compliant,  and  the  advantages 
now  presented  were  not  such  as  would  be  likely  to  cause  an 
alteration  in  their  course.  In  fact,  however,  any  constitution  of 
government  whatever,  containing  requisitions  for  the  payment  of 
rents,  and  a  new  determination  of  the  titles  ofland,  would  then  have 
been  resisted  by  a  portion  of  the  settlers.  The  old  leaven  of  opposi- 
tion which  had  heretofore  been  productive  of  so  much  disturbance, 
was  yet  in  existence,  and  in  active  operation.  A  theory  or  claim 
which  was  strongly  commended  by  interest,  was  adhered  to  with 
the  greatest  tenacity,  and  to  all  the  demands  of  the  existing  au- 
thorities, an  easy  reply  was  given  by  exhibiting  a  title  from  the 
"Indian  right." 

The  opposition  arising  from  this  source  was  especially  noticed 
by  the  proprietors.  Soon  after  the  departure  of  Lawrie  for 
the  province,  a  letter  was  written  addressed  "to  the  planters 
and  inhabitants,"  in  the  name  of  Barclay,  the  Governor,  and  the 
other  proprietors.38  Its  language  was  strong  and  explicit,  "  We 
are  not  a  little  troubled,  it  was  said,  to  find  that  there  are  many 
dissatisfied  and  self-ended  persons  among  you,  who  are  seeking 
to  subvert  our  just  interest,  that  they  may  advance  their  own  un- 
warrantable pretences.  And  it  cannot  but  manifestly  appear  to 
all  such  that  love  the  interest  of  the  colony,  that  those  that  went 
about  to  propogate  any  pretence,  to  oppose  or  weaken  our  right 
and  title,  could  not  be  esteemed  friends,  either  to  the  proprietors, 
or  to  the  true  interest  of  their  honest  and  well  meaning  neighbors 
in  the  country,  since  that  was  the  way  to  expose  the  whole  to  be 

"  Dated  February  39th,  1683-4. 


GOVERNMENT  UNDER  THE  NEW  PROPRIETORS.      221 

a  prey  to  others,  as  it  formerly  has  been;  but  we  hope  by  the 
assistance  of  God  and  the  King's  justice  and  favor  toward  us,  so 
to  prevent  such  practices  in  future,  that  all  persons  residing  in  the 
province,  or  in  any  way  concerned  therein,  may  rest  in  full  assur- 
ance of  being  protected  in  their  rights,  and  receive  all  due  en- 
couragement from  the  proprietors.  We  find,  it  was  further  said, 
that  you  lay  that  stress  upon  your  purchase  from  the  Indians, 
that  it  will  never  bear,  for  we  would  have  you  informed  that  there- 
by you  have  acquired  no  right  but  what  is  duly  confirmed  by  us, 
or  our  legal  predecessors,  unless  you  would  renounce  all  interest 
and  protection  from  the  King  of  England,  and  subject  your  all  to 
a  just  forfeiture." 

Whether  the  Deputy  Governor  supposed  that  the  form  of  go- 
vernment devised  by  the  proprietors,  was  not  well  suited  to  the 
province,  and  that  the  attempt  to  apply  it  would  only  be  produc- 
tive of  increased  dissatisfaction,  or  whether  he  supposed  that  the 
opposition  was  yet  too  strong,  and  therefore  awaited  a  more  fitting 
opportunity,  it  would  at  any  rate  appear,  that  no  attempts  were 
made  at  the  time,  to  cause  the  concessions  to  be  adopted  in  the 
province.  But  the  Deputy  exerted  himself  for  the  furtherance  of 
measures  that  were  calculated  to  lessen  or  control  the  opposition 
that  existed  to  the  proprietary  interests  and  claims.  The  new 
settlers  in  the  province  were  mostly  well  affected  toward  the  ex- 
isting authorities,  and  the  Governor  urged  upon  the  proprietors 
that  every  encouragement  should  be  given  to  immigration.  By 
this  means  he  supposed  that  such  a  change  would  be  wrought  as 
"  would  bring  all  the  division  that  hath  been  here,  to  an  end,  for 
these  men  seeing  that  they  are  to  be  balanced,  are  already  more 
compliant  than  they  were." 

The  proprietors  were  already  disposed  to  favor  the  entrance 
and  settlement  of  planters,  and  many  efforts  had  been  made  to  in- 
vite their  attention  to  the  province.39  But  beside  the  advantages 


39  Particular  efforts  were  made  to  induce  emigration  from  Scotland.  For  this 
purpose  Governor  Barclay  and  the  other  proprietors  in  Scotland  exerted  their 
influence,  and  the  situation  of  affairs  at  the  time  disposed  a  number  of  persons 
to  accede  to  the  proposals  that  were  made.  Governor  Lawrie  expressed  his 
•atisfaction  at  their  arrival  in  the  province.  At  a  subsequent  period  a  publica- 


222 


r  ~j 

•         »'-          '  .^-          r      '.    -•  t  "*   ' 

GOVERNMENT    UNDER    THE    NEW    PROPRIETORS. 


which  were  expected  from  the  introduction  of  a  new  population, 
other  expedients  were  resorted  to.  To  obviate  further  difficulty 
from  the  purchase  of  lands  from  the  Indians,  a  regulation  was 
particularly  renewed,  forbidding  all  purchases,  except  by  per- 
mission from  the  authorities  of  the  province,  and  the  Deputy 
Governor  was  authorized  to  make  requisitions  upon  the  proprie- 
tors for  the  necessary  funds.  It  was  also  thought  proper  that  full 
and  ample  power  should  be  given  to  "some  persons  upon  the 
place,"  who  might  with  greater  freedom  and  clearness  treat  of, 
and  conclude  concerning  the  several  matters  that  might  there  arise. 
Special  instructions  were  therefore  given  on  the  1st  of  August, 
1684,  conveying  power  and  authority  to  the  Deputy  Governor 
and  several  other  persons  who  were  named,  and  who  were  pro- 
prietors or  proxies  in  the  province,  for  the  management  of  affairs 
in  regard  to  several  particulars.  They  were  to  "end  and  agree" 
all  matters  in  debate  between  the  proprietors  and  the  former 
planters  of  the  province  and  others,  as  to  their  pretences  to  land 
and  the  arrears  of  quit-rent;  to  approve  and  confirm  such  acts  of 
the  Assembly  as  it  should  be  thought  necessary  to  establish,  be- 
fore confirmation  could  be  made  by  the  proprietors ;  provided 
however,  that  when  the  "Fundamental  Constitutions"  should  be 
passed  in  Assembly,  they  were  then  to  proceed  according  to  them; 

tion  was  made  at  the  instance  of  the  proprietors,  giving  a  fuller  account  of  the 
province,  and  setting  forth  its  advantages.  This  was  written  in  1685,  by  George 
Scot,  of  Pitlochie.  He  represented  to  his  countrymen  the  advantages  to  be 
gained  by  a  removal  to  America.  "  You  see,"  he  said,  "  that  it  is  now  judged 
the  interest  of  the  government  altogether  to  suppress  the  Presbyterian  principles, 
and  that  in  order  thereto,  the  whole  force  and  bensill  of  the  law  of  this  kingdom 
are  levelled  at  the  effectual  bearing  them  down,  that  the  rigorous  putting  these 
laws  in  execution,  hath  in  great  part  ruined  many  of  those,  who,  notwithstand- 
ing thereof,  find  themselves  obliged  in  conscience  to  retain  those  principles.  I 
would  gladly  know  what  other  rational  medium  can  be  proposed  in  their  cir- 
cumstances than  teithei  to  comply  with  the  government  by  going  what  length 
is  required  by  law  in  conforming,  or  to  retreat  where  by  law  a  toleration  is  by 
his  Majesty  allowed,  and  such  a  retreat  doth  at  present  offer  itself  in  America." 
He  further  set  forth  that  "having  for  some  time  made  it  my  work  to  consider  all 
the  coast  of  America,  East  Jersey,  upon  the  River  Hudson,  is  the  place  I  find 
myself  obliged  to  prefer  to  any  other  of  the  English  Plantations." 

.  ' .  •  '  Scot's  Model  of  Government  given  by  Whitehead, 


GOVERNMENT     UNDER    THE     NEW    PROPRIETORS.  223 

they  were  also  to  direct  the  improvement  of  the  town  of  Perth, 
and  have  the  superintendence  in  other  particulars.  In  conse- 
quence of  information  received  by  the  proprietors,  fuller  instruc- 
tions were  soon  afterwards  given  to  the  commissioners  just  men- 
tioned.40 The  Deputy  Governor,  with  five  of  the  persons  before 
named,  might  exercise  the  powers  that  had  been  granted.  They 
might  terminate  all  controversies  and  differences  with  the  men  of 
Neversinks  and  Elizabethtown,  or  any  other  persons,  concerning 
any  "pretended  titles  or  claims  to  land  in  the  province,"  and  it 
was  expressly  said  that  the  proprietors  "on  this  side"  would  not 
enter  into  any  treaty  with  persons  claiming  by  Colonel  Nicholl's 
patent,  or  by  patent  received  from  the  late  Governor  Carteret,  as 
such  a  course  would  be  an  affront  to  the  government  of  the  pro- 
vince, and  only  tend  to  delay.  The  commissioners  thus  appointed 
became  known  as  "the  Board  of  Proprietors,"  and  finally  took 
the  management  of  all  affairs  connected  with  the  proprietary  titles 
and  claims.  In  regard  to  the  authority  of  this  board  for  the  con- 
firmation of  the  laws  of  the  province,  some  special  reserva- 
tions were  subsequently  made  by  the  proprietors  in  reference  to 
the  acts  that  had  formerly  been  passed ;  with  other  particulars, 
it  was  required,  that  the  Court  of  Common  Right,  instead  of 
being  held  at  Elizabethtown,  as  provided  by  the  Assembly, 
should,  if  it  be  possible,  always  be  held  at  the  town  of  Perth, 
and  that  all  other  necessary  courts,  as  also  the  Assembly  (when 
called,)  should  sit  there,  and  that  the  Deputy  Governor  should 
reside  at  that  place  and  convene  his  Council  there.41  But  in 
regard  to  his  residence,  Governor  Lawrie  was  not  observant  of 
the  instructions  that  were  given ;  he  continued  to  reside  at  Eliza- 
bethtown, as  before,  a  circumstance  that  may  have  operated  to 
create  dissatisfaction.42 

"By  letter  dated  the  13th  of  November,  1684. — Grants  and  Concessions, 
p.  202. 

41  The  efforts  of  the  government  were  particularly  directed  to  the  establish- 
ment of  a  town  at  that  place. 

"  Oddmixon  and  Wynne  attribute  the  discontent  that  was  afterwards  mani- 
fested with  Lawrie's  administration,  to  the  cause  here  mentioned.  But  there 
were  others,  that  were  probably  considered  of  more  importance. 

Whitehead,  p.  108. 


•>.   -J*  **i 

224  GOVERNMENT    UNDER    THE    NEW    PROPRIETORS. 

. 

At  this  period,  the  external  relations  of  the  province  again  be- 
came involved.  The  course  of  policy  which  the  proprietors  had 
prescribed  was  calculated  to  place  the  province  in  relations  of 
amity  and  peace.  That  it  was  not  productive  of  such  a  result,  is 
not  to  be  attributed  to  error  in  the  mode  of  proceeding,  or  in  the 
conduct  of  the  person  who  directed  it.  Governor  Lawrie  was 
earnest  and  sincere  in  his  endeavours.  He  sought  to  fulfil  his 
instructions  to  keep  a  good  and  friendly  correspondence  with  the 
Governor  and  colony  of  New  York,  and  was  desirous  to  remove 
every  thing  that  might  prove  an  occasion  of  difficulty.  At  an 
early  period  he  had  visited  the  Governor  of  that  colony,  and  the 
intercourse  between  them  was  marked  by  an  appearance  of  friend- 
liness. The  proprietors  and  Governor  of  New  Jersey  discouraged 
immigration  to  their  province  from  New  York,  from  an  apprehen- 
sion, that  though  very  desirable  on  other  accounts,  it  might  tend 
to  give  rise  to  suspicion  and  jealousy.  But  the  authorities  of 
New  York  were  by  no  means  so  scrupulous.  Dongan,  who  was 
then  the  Governor  of  that  province,  was  a  true  successor  of  An- 
dross,  as  well  in  character  as  in  place,  except  that  he  had  duplicity 
and  smoothness  instead  of  boldness  and  arrogance.  He  was 
busy  in  endeavouring  to  influence  the  Duke  of  York  to  attach 
New  Jersey  to  his  own  province.  The  proprietors  of  New  Jersey 
at  length  became  satisfied  that  the  conciliating  course  they  had 
taken,  had  not  been  met  by  a  like  return.  Hence,  three  of  their 
number,43  (who  it  is  probable  had  been  appointed  for  the  purpose) 
directed  a  letter  to  Governor  Dongan  in  which  they  say,  that  they 
had  expected  to  find  in  him  a  generous  neighbour,  both  from  the 
kindness  which  they  supposed  he  entertained  for  them,  and  also 
from  a  regard  to  the  honor  of  the  Duke,  his  master,  from  whom 
their  province  had  been  received.  They  mentioned  that  they  had 
seen  the  Duke's  Commissioners  in  London,  concerning  the  pro- 
posal which  Dongan  had  made,  to  place  their  colony  under  the 
government  of  New  York,  and  they  doubted  not  that  the  Com- 
missioners were  satisfied  of  the  injustice  of  such  a  proceeding. 
They  stated  also  that  they  had  waited  upon  the  Duke  himself, 


"  Perth,  McKensie,  and  Drummond. 


GOVERNMENT    UNDER    THE    NEW    PROPRIETORS.  225 

who  had  declared  that  he  was  far  from  intending  to  do  any  thing 
in  opposition  to  what  he  had  formerly  granted. 

Governor  Dongan  replied  to  the  proprietors,  and  endeavored 
to  exculpate  himself  from  the  charge  of  having  done  any  thing 
contrary  to  the  good  of  the  province,  or  the  honor  of  his  master. 
He  was,  he  said,  "mightily  surprised"  to  find  that  he  was  ac- 
cused of  doing  any  thing  to  the  disadvantage  of  the  province ;  on 
the  contrary,  he  had  advised  the  settlers  to  what  he  considered  the 
best,  both  for  the  proprietors  and  themselves.  He  had  written  to 
his  Royal  Highness  and  his  Commisioners,  as  he  was  obliged' to 
do,  and  had  given  his  opinion  as  to  what  was  for  the  interest  of 
his  province  and  had  represented  to  them  the  great  inconveniences 
of  having  two  distinct  governments  in  the  same  River,  and 
especially  as  East  Jersey  had  the  advantage  of  being  some  leagues 
nearer  the  sea  than  New  York.44  But  to  show  that  he  had  done 
nothing  amiss  in  representing  "how  convenient  it  would  be  to  re- 
gain East  Jersey;"  he  asserted  that  some  of  the  proprietors  them- 
selves were  of  the  same  opinion,  and  had  told  him  so.  And  as 
an  evidence  of  his  own  justice  and  leniency,  he  also  mentioned 
that  though  under /ormer  Governors,  vessels  going  to'Amboy.had 
entered  at  New  York,  that  he  had  done  nothing  to  prevent  them 
from  passing  freely,  and  should  not,  without  express  orders  from 
his  Royal  Highness.45 

In  a  subsequent  communication  to  the  Secretary  of  the  Duke, 
Governor  Dongan  suggests  that  "  it  would  be  well  to  look  into  the 
last  patent  of  East  Jersey,  to  see  whether  shipping  be  obliged,  if 
they  come  into  Sandy  Hook,  to  make  entry  at  New  York." 
Under  this  specious  mode  of  expression  a  desire  is  apparent, 
that  some  authority  might  be  found- or  created,  to  arrest  the  trade 
to  East  Jersey,  and  divert  it  to  New  York.  The  desires  of 
Dongan  were  soon  to  be  gratified  in  part,  though  not  in  the  man- 
ner .he  might  have  preferred. 

It  has  been  seen  that  the  proprietors  of  East  Jersey  had  given 


44  Chalmers,  p.  661.     Whitehead,  p.  214. 

46  It  was  a  singular  proof  of  favorable  intentions  that  he  had  refrained  from 
an  outrage  upon  the  rights  of  a  neighboring  colony.  But  as  his  predecessor  had 
not  refrained,  the  merit  of  comparative  justice,  at  least,  may  be  allowed. 


226  GOVERNMENT    UNDER    THE     NEW    PROPRIETORS. 

directions  to  Governor  Lawrie  for  the  observance  of  the  acts  of 
navigation,  and  that  nothing  should  be  done* in  opposition  thereto. 
In  obedience  to  this  direction,  an  officer  was  admitted  into  the 
province  as  Collector  of  the  Customs.  This  officer  was  William 
D-yre,  the  same  person  who  had  formerly  been  appointed  to.  a 
similar  service  under  the  authority  of  the  Duke  of  York.46  No. 
obstruction  was  offered  to  his  entering  upon  the  business  of  his  ' 
.office.  But  his  authority  .was  exercised.in  a  manner-that  inflicted 
an  additional  injury  upon  the  province,  beside  that  which  .resulted 
fr<Jm..the  nature  of  the  laws  under  which  he  was  acting.  Orders 
were  given  that  vessels  belonging  ta.  Ea'st  Jersey  should  be  en- 
tered at  New  York,  and  that  the  duties  on  their  cargoes  should  be  . 
p^aid  to  the  Collector  at  that  place.  These  regulations  were  ex- 
tremely incenVenient  and  injurious,  and  excited  much  dissatisfac- 
tion. Dyre,  who  was  more  desirous  fo  ensure  his  authority,  than 
to  exercise  it  aright,  transmitted  complaints  to  the  Commissioners 
of  Customs,  that  resistance  was  made  to  his  authority;  he  stated 
that  when"  he  attempted  to  prosecute  vessels  for  avoiding  the 
laws*. the*  juries  gave  verdicts  againsf  him,  contrary  fo.  obvious 
facts;  and  that  he -was  thus  prevented  from  -enforcing  the  payment 
Of  dues.  His  statements  and  complaints,  without  any  explana-  * 
tion  of  Circumstances,  were  laid  before  the  Ministers.  A  pretext 
was  thus  afforded  for  a  more  active  prosecution  of  schemes,  which 
had 'already  been  considered,  and  perhaps  resolved  upon. 

The  representations  of  Dongan  and  others,  had  not  passed'  un-  " 
heeded,  and  an  union,  with  a  general  subjection  of  the  colonies, 
was  in  contemplation.  Positive  assurances  had  been  given  by 
the  Duke  of  York  to  the  proprietors  of  East  Jersey,  thai  he  would 
do  nothing  that  should  be  contrary  to  his  previous  engagements ; 
but  his  Royal  Highness  was  now  in  a  situation  in  which  he 
seems  to  have  conceived  that  he  was  free  from  all  obligations  on 
account  of  his  former  agreements.  On  the  death  of  King  Charles, 
which  occurred  in  February,  1685,  James,  the  Duke  of  York  had 


*  He  had  been  appointed  by  the  Commissioners  of  Customs,  to  be  Collector 
both  for  Pennsylvania  and  New  Jersey,  receiving  his  commission  on  the  4th  of 
January,  1682.  He  entered  upon  office  in  East  Jersey  in  April,  1685. 

Whitehead,  p.  109. 


GOVERNMENT    UNDER    THE    NEW    PROPRIETORS.  '  227 

been  raised  to  the  throne,  and  in  his  high  elevation  as  King,  the 
grants  and  engagements  he  had  made  in  a  lower  situation,  were 
but  little  regarded.  Three  different  times  had  he  granted  to- the 
proprietors  of  East  Jersey  all  the  rights  of  ownership  and  govern- 
ment which  he  himself  had  possessed,  and  the  grants  had  been 
made  in  as  full  and  forcible  a  manner  as  the  most  studied  forms 
of  expression  would  allow,  and  they  had  also  been  confirmed  in 
a  formal  manner,  by  the  King,  his  predecessor.  But  it  was  found 
or  asserted  that  there  was  not  a  perfect  acquiescence  on  the  part 
of  some  of  the  colonists  in  a  demand  for  customs  ;  a  demand  which 
was  unjust  in  itself,  and  which  was  also  unjust  in  the  mode  of  its 
enforcement;  yet  the  want  of  compliance  was  made  an  offence, 
and  if  the  course  that  was  resolved  upon  was  lacking  in  justice, 
there  was  that  which  might  serve  in  its  stead.  The  King  had  power. 

In  April,  1686,  the  Attorney  General  was  directed  to  issue  a 
writ  of  Quo  Warranto  against  the  proprietors.  The  reason 
for  such  a  procedure  was  stated  to  be  "the  great  prejudice  in  the 
plantations  'and  the  customs  here,  if  such  abuses  should  be  any 
longer  suffered,  ki  a  country  which  ought  to  be  more  dependent 
on  his  Majesty." 

During  the  pendency  of  these  proceedings,  the  General  Assem- 
bly of  the  province  was  convened,  being  the  first  since  the  coming 
of  Governor  Lawrie.  Agreeably  to  the  orders  of  the  proprietors, 
the  Assembly  met  at  Amboy  Perth,  in  the  county  of  Middlesex, 
on  the  6th  of  April,  1686.  Several  enactments  were  made,  but 
relating  entirely  to  the  internal  affairs  of  the  province.  The 
compensation  of  the  members  of  the  Assembly  was  settled.47 
The  place  of  holding  the  Courts  of  Common  Right  was  changed 
in  accordance  with  the  orders  of  the  proprietors,  from  Elizabeth- 
town  to  Perth  Amboy.  The  prevailing  spirit  in  the  proprietary 
body  was  yielded  to  in  an  enactment  which  provided,  that  persons 
summoned  as  jurors,  and  who  were  scrupulous  of  taking  an  oath, 


*"'  By  the  former  Assembly  the  compensation  was  settled  at  four  shillings  a 
day,  it  was  now  reduced  to  three  shillings,  the  Assembly  "being  desirous  to 
ease  the  charges  of  the  country  in  paying  great  salaries."  The  payment  might 
be  made  in  money,  pork  or  corn,  equivalent,  a  reasonable  allowance  being  made 
for  the  time  expended  in  going  and  coming. 

.»* 


228       GOVERNMENT  UNDER  THE  NEW  PROPRIETORS. 

should  be  received,  upon  taking  an  "engagement"  according  to  a 
form  prescribed.  -  Under  the  same  influence  a  law  was  passed 
prohibiting  the  wearing  of  arms,  or  sending  a  challenge  to  any 
person  to  fight,  and  the  person  who  should  receive  such  challenge 
and  not  discover  it  to  the  Governor,  or  some  public  officer,  should 
forfeit  the  sum  of  ten  pounds.  At  an  adjourned  session  held  in 
October  of  the  same  year,  acts  were  passed  regulating  the  times 
and  places  of  holding  the  county  courts;  and  another  determining 
the  fees  of  public  officers,  it  being  said  that  "  the  inhabitants  had 
sustained  a  great  burden  by  reason  of  unlawful  fees." 

At  this  period  a  change  was  made  in  the  administration  of 
government.  The  proprietors  had  not  derived  the  expected  ad- 
vantages from  their  connexion  with  the  province ;  the  quit  rents 
had  been  but  reluctantly  and  tardily  paid,  and  in  many  instances 
had  remained  unpaid,  and  the  government  that  had  been  devised 
and  recommended,  had  not  been  accepted  by  the  people.  It  may 
be  that  these  failures  were  considered  as  attributable  in  some  de- 
gree, to  a  want  of  interest  or  energy  in  the  Deputy  Governor,  in 
the  discharge  of  his  duties.48  Such  a  view,  however,  can  hardly 
be  considered  as  just.  Lawrie  had  probably  .exercised  jhis  office 
according  to  his  best  discretion,  and  with  a  sincere  desire  to  pro- 
mote the  prosperity  and  welfare  of  the  province.  But  his  situa- 
tion had  been  one  of  no  little  difficulty;  dissensions  had  continued 
to  exist,  particularly  in  relation  to  the  titles  of  land;  and  the 
multiplication  of  claims  seemed  only  to  increase  the  confusion. 
Some  of  the  regulations  of  the  proprietors  too,  though  properly 
designed,  were  hardly  capable  of  being  carried  into  practice.  It 
.must  be  admitted,  however,  that  in  certain  cases,  Lawrie  proceeded 
rather  according  to  his  own  judgement,  than  in  compliance  with 
the  instructions  that  had  been  given  him,  a  course  which,  whether 
profitable  or  not,  may  not  have  been  the  best  to  give  satisfaction. 
Besides  this,  he  had  fallen  into  the  same  error  as  his  predecessor 
Rudyard,  in  taking  up  lands  in  a  manner  which,  if  not  forbidden 


48  It  has  been  suggested  by  some  writers  that  the  interest  of  Lawrie  in  West 
Jersey  had  rendered  him  less  attentive  to  the  discharges  of  his  duties  in  the 
other  province.  For  this,  however,  there  seems  little  foundation. 

Oldmixon  and  Wynne. 


GOVERNMENT    UNDER    THE    NEW    PROPRIETORS.  229 

by  any  regulation,  was  yet  supposed  to  be  injurious  to  the  general 
proprietary  interest.49  These  several  reasons  led  to  a  new  ap- 
pointment. In  the  selection  of  a  successor,  there  is  reason  to 
believe  that  Governor  Barclay  and  some  of  his  associates,  were 
governed  rather  by  the  character  and  views  of  the  colonists,  than 
by  their  own  particular  preferences.  A  considerable  number  of 
Scottish  emigrants  were  now  in  the  province ;  they  were  mostly 
a  quiet  and  industrious  people,  and  the  increase  of  such  a  popula- 
tion was  to  be  in  every  way  encouraged,  and  the  appointment  of 
one  of  their  own  countrymen  as  Deputy  Governor  might  further 
the  object  in  view.  The  religious  opinions  of  the  colonists  were 
also  to  be  considered.  Quakerism  had  never  taken -a  deep  root 
in  the  province ;  a  large  proportion  both  of  the  old  and  of  the 
new  settlers  were  of  other  persuasions.  The  settlers  from  New 
England  retained  their  Puritan  faith,  and  most  of  the  Scotch  were 
adherents  to  their  own  Kirk.  The  new  Deputy  who  was  ap- 
pointed on  the  4th  of  June,  1686,  was  a  Scottish  Lord,  and  a 
stanch  Presbyterian.  This  was  Lord  Neill  Campbell,  a  brother 
of  the  Duke  of  Argyle.  The  two  brothers  had  been  concerned 
in  transactions  in  their  own  country,  which,  however  they  may 
be  considered  in  view  of  their  objects,  were  still  such  as  to  subject 
the  actors  to  punishment  as  public  offenders.50  Lord  Campbell 

49  Rudyard  and  Lawrie  had  taken  up  lands  which  were  supposed  to  be  of 
especial  value,  ami  with  a  particular  regard  to  their  own  advantage.  Hence,  in 
168-5,  instructions  were  given  that  "wherever  there  is  an  extraordinary  choice 
spot  of  land,  so  esteemed  by  the  Surveyor  General,  or  any  two  of  the  Commis- 
sioners, eithei  for  the  excellency  of  soil  or  advantage  in  situation,  it  shall  be 
reserved  for  the  joint  interest  of  all  the  proprietors,  and  cast  in  equal  division, 
or  if  it  be  such  as  for  the  smallness  of  it,  or  any  other  reason,  cannot  be  so  or- 
dered, it  shall  not  be  meddled  with  until  the  plurality  of  the  proprietors  are 
advised  thereof,  that  by  them  it  may  be  determined  whether  after  a  value  be  put 
upon  it  as  one  acre,  esteemed  with  four  or  more,  it  shall  go  to  such  as  will  allow 
motit  to  the  rest  for  it ;  or  w  here  they  u  ill  not  do  so  after  the  value  set,  it  shall 
be  determined  by  lot,  as  this  should  have  been  done  in  the  notable  case  of 
Changoroza,  by  Gawen  Lawrie  and  Thomas  Rudyard,  so  it  is  hereby  declared 
by  the  Governor  and  proprietors,  that  they  will  not  let  that  land  there  which 
they  have  taken  to  themselves,  and  caused  to  be  set  out  to  them,  go  otherwise. 

Grants  and  Concessions,  p.  212. 

40  The  Earl  of  Argyle  entered  Scotland  in  1685,  for  the  avowed  purpose  of 


230  GOVERNMENT   UNDER    THE    NEW    PROPRIETORS. 

apprehending  the  necessity  of  leaving  his  country,  had  purchased 
a  portion  of  a  proprietary  right  in  East  Jersey,  which  had  been  held 
by  Viscount  Tarbet,  and  sent  over  a  large  number  of  settlers.  He  • 
was  appointed  to  serve  as  Deputy  Governor  for  two  years,  and 
directly  departed  for  the  province. 

Whatever  may  have  been  the  aims  of  the  proprietors  in  the 
appointment  of  Campbell,  it  seems  clear  that  the  principal  object 
with  him  in  coming  to  the  country,  was  to  secure  a  retirement 
from  the  difficulties  and  dangers  in  which  he  had  been  previously 
involved.  Hence  he  only  remained  until  such  an  alteration  oc- 
curred as  was  supposed  to  admit  of  his  safe  return.  The  only 
official  act  of  his  upon  record  is  the  confirmation  of  the  laws 
which  had  been  passed  by  the  late  Assembly.51  On  the  10th  of 
December  he  surrendered  his  office,  and  not  long  afterwards  de- 
parted from  the  country,  stating  that  "by  the  urgent  necessity  of 
some  weighty  affairs,  he  was  about  to  take  a  voyage  to  Britain." 
Whether  his  commission  allowed  him  the  same  privilege  that 
had  been  given  to  Lawrie,  that  "in  case  of  urgent  necessity"  he 
might  appoint  a  deputy  under  him,  is  not  determined,  but  this 
privilege  was  used.  He  placed  Andrew  Hamilton,  a  Scotchman 
who  had  lately  arrived  in  the  country,  in  office  as  his  substi- 
tute. The  commission  of  Hamilton  was  published  in  March, 
1687,  and  he  entered  at  once  upon  the  duties  of  his  place. 

On  the  14th  of  May  of  the  following  year,  the  General  Assembly 
convened.  At  this. session  several  laws  were  enacted,  by  one  of 
these  the  county  of  Middlesex  was  divided  into  two  counties,  one 
retaining  the  former  name,  the  other  to  be  called  the  county 
of  Somerset.  An  act  was  also  passed  "for  a  tax  to  withstand  in- 
vasion." It  directed  that  a  tax  should  be  levied  of  a  penny  in  the 
pound  on  all  estates,  and  ten  pence  per  head  on  all  males  over 


avenging  the  wrongs  of  countrymen,  but  the  undertaking  terminated  in  failure 
and  the  death  of  the  Duke.  Whether  there  was  any  sympathy  with  Arglye 
and  his  brother,  among  the  proprietors  of  East  Jersey,  is  unknown,  but  one  of 
the  principal  of  them,  the  Earl  of  Perth,  had  been  an  active  opposer  of  Arglye's 
proceedings.  This  circumstance  renders  it  probable  that  the  appointment  of 
Campbell  was  made  merely  with  a  view  to  the  supposed  interests  of  the  province. 
61  Grants  and  Concessions,  p.  301. 


GOVERNMENT    UNDER    THE    NEW    PROPRIETORS.  231 

sixteen  years  of  age.  The  amount  thus  raised  was  to  be  held 
subject  to  the  directions  of  the  Governor  of  New  York,  who  had 
been  authorized  by  the  King,  in  case  of  an  invasion  by  the  French, 
to  call  upon  the  neighboring  provinces  for  aid  and  assistance. 

During  this  period,  the  writ  of  Quo  Warranto  that  had  been 
issued  by  orders  from  the  King  continued  to  hang  over  the  pro- 
vince. The  proprietors  exerted  themselves  to  avert  the  danger. 
They  presented  a  remonstrance  to  the  King,  in  which  they  re- 
minded him,  that  the  province  had  -not  been  .conferred  upon  them 
as  a  favor,  but  had  been  acquired  by  thx  expenditure  .of  a  large 
sum ;  that  they  had  received  a  confirmation  of  their  title  and  assur- 
ances of  protection  from  himself,- as  well  as  from  his  late  Majesty- 
King  Charles  II,  and  that  relying  upon  these  they  had  sent  thither 
several  hundreds  of  peoples  But  they  were  desirous  to  avoid  a 
controversy  with  his  Majesty,  and  were'  willing  to  correct  what- 
ever might  be  found  amiss  in  the  conduct  of  affairs,  and  hence 
they* proposed  that  the  same  taxes  which  were  levied  in  New 
York,  should  be  raised  in  their  own  province  by  act  of  Assembly. 
Theylbesought  that  if  a  change  in  the  administration  of  the  pro- 
vince should  be  resolved  upon,  that  the  King  himself  would  ap- 
point a  .Governor  out  of  their  .own  body,  who  might  have  charge 
bo'th  of  East  and  of  West  New  Jersey  as  one  jurisdiction.52  They 
also,  asked  that  an  appeal  from  the  courts  of  the  province  should 
be  had  to  England  only;  and  in  order  that  no  further  difficulty 
might  arise  in  the  enforcement  of  the  navigation  acts,  they  sug- 
gested, that  an  officer  might  be  appointed  to  collect  the  customs  at 
Perth  Amboy,  so  that  a  port  might  be  fully  established  in  the 
province  for  entering  and  clearing  vessels  without  molestation. 
In  the  last  mentioned  particular  only  was  the  application  of  the 
proprietors  at  all  successful.  In  August,  1687,  a  direction  was 
transmitted  to  the  Governor  of  New  York,  instructing  him  to  per- 


B  West  New  Jersey  does  not  seem  to  have  been  involved  in  the  Quo  War- 
rantu  process.  Yet  it  was  included  with  the  other  province  in  the  provision  for 
the  collection  of  customs,  and  therefore  could  hardly  fail  to  share  the  same  fate 
with  it;  this,  together  with  the  interest  which  many  of  the  proprietors  of  East 
Jersey  had  on  the  western  portion,  may  be  supposed  to  have  led  to  the  proposal 
above  mentioned.  See  note  in  Wkitehead,  p.  113. 


232       GOVERNMENT  UNDER  THE  NEW  PROPRIETORS. 

mit  vessels  to  pass  to  Amboy  without  interruption,  and  a  Collector 
for  that  place  was  appointed.  But  in  this  particular  concession, 
it  was  not  intended  to  give  any  favorable  assurance  in  regard  to 
the  general  course  of  proceeding ;  it  was  rather  designed  to  secure 
an  increase  of  revenue. 

The  King  was  not  to  be  moved  from  his  main  design.  The 
time  had  arrived  when  the  true  value  of  Royal  engagements  was 
to  be  fully  exhibited.  The  charters  of  most  of  the  New  England 
colonies  which  had  formerly  been  granted  with  all  the  formalities 
of  the  most  binding  agreements,  were  now  to  be  annulled.  The 
hand  of  unscrupulous  authority  was  to  sweep  the  land  "from  St. 
Croix  to  Maryland."  The  country  must  be  "more,  dependent 
upon  his  Majesty."  Andross,  the  former  convenient  instrument  of 
arbitrary  power,  was  commissioned  anew  and  despatched  to  New 
England  with  authority  to  assume  the  entire  direction  of  affairs. 
Massachusetts  had  been  forced  to  yield,  and  the  governments  of 
Rhode  Island  and  Connecticut  were  dissolved,  and  the  work  of 
destruction  was  still  advancing.  It  was  hardly  to  be  expected 
that  the  petition  of  the  proprietors  of  East  New  Jersey,  although 
they  had  received  their  grant  from  James  himself,  would  now  be 
respected.  The  final  reply  to  their  application  declared,  that 
the  King  had  determined  to  unite  the  Jerseys  with  New  York 
and  New  England  under  one  government,  to  be  administered  by 
Andross.53  Finding  that  no  hope  could  be  entertained  of  preserv- 
ing their  rights,  the  proprietors  finally  resolved  to  surrender  the 
government,  in  order  to  avoid  a  fruitless  and  irritating  contest. 
This  was  done  upon  the  condition  that  the  ownership  of  the  soil 
should  continue  undisturbed,  and  thus  the  property  of  the  province 
be  retained. as  before.  The  terms  were  accepted  by  the  King, 
and  in  consequence,  the  proceedings  under  the  Quo  Warranto 
were  suspended.  West  New  Jersey  acceded  to  this  arrangement. 
The  surrender  of  the  government  of  both  provinces  was  made 
in  April,  1688. 

A  new  and  enlarged  commission  was  issued  to  Andross,  annex- 
ing to  his  government  both  New  Jersey  and  New  York.  Francis 


Grahame,  vol.  2,  p.  299. 


GOVERNMENT  UNDER  THE  NEW  PROPRIETORS.      233 

Nicholson  was  appointed  his  Lieutenant.  Not  long  after  the 
reception  of  his  commission,  Andross  arrived  in  New  York  and 
received  the  government  from  Dongan,  the  former  Governor,  and 
presently  afterwards  paid  a  visit  both  to  East  and  West  New 
Jersey.54 

In  the  present  situation  of  the  country  there  was  but  little  oc- 
casion for  the  exercise  of  power,  and  it  may  be  that  on  his  new 
and  more  extended  theatre  of  action,  Andross  was  less  ambitious 
of  particular  display;  he  at  any  rate,  exhibited  at  this  time  a  degree 
of  moderation  that  had  not  been  witnessed  in  his  previous  course. 
He  continued  most  of  the  officers  of  the  province  in  their  places, 
and  made  but  little  alteration  in  the  conduct  of  business.  This 
forbearance  indeed  was  in  no  wise  greater  than  the  state  of  affairs 
demanded ;  as  yet  the  agreement  between  the  proprietors  and  the 
King  had  not  been  brought  to  completion.  The  yielding  up  of 
the  government  was  connected  with  a  condition,  that  assurance 
should  be  given  of  the  right  to  the  soil,  and  until  this  should  be 
done,  the  proprietors  might  claim  that  rightful  authority  was 
still  in  their  hands.  The  stipulated  confirmation  was  not  made 
by  the  King,  and  the  period  quickly  arrived  in  which,  if  an  in- 
tention to  fulfil  his  engagements  existed,  the  power  was  finally 
and  forever  lost.  In  the  revolution  which  occurred  soon  after- 
wards, James  the  Second  was  driven  from  his  throne,  and  ever 
afterwards  continued  in  exile. 


64  In  a  letter  from  New  York,  dated  October  4th,  1688,  Andross  states  that 

he  arrived  on  the  llth  of  August,  and  that  his  Majesty's  letters  patent  being 

published,  he  immediately  received  that  place,  and  East  New  Jersey  on  the  15th, 

and  West  New  Jersey  on  the  18th  following.      See  note  in  Whitehead,  p.  113. 

30 


CHAPTER  XIII. 


?EST  NEW  JERSEY.— GOVERNMENT  AFTER  THE  RELEASE  OF  THE 
DUKE  OF  YORK. CONDITIONAL  SURRENDER  OF  GOVERNMENT. 


THE  release  of  West  New  Jersey  by  the  Duke  of  York,  and  the 
manner  in  which  the  conveyance  was  made,  have  already  been 
noticed.  It  would  seem  somewhat  extraordinary  that  notwithstand- 
ing the  opposition  that  had  been  made  to  the  pretensions  and  claims 
of  the  Duke,  that  the  grant  which  was  executed  by  him  was  after- 
wards taken,  in  part,  as  the  foundation  of  government.  But  the 
conveyance  of  authority  to  Byllinge  had  given  to  that  individual  a 
semblance  of  right,  which  there  is  reason  to  believe  he  was  unwill- 
ing to  resign,  and  which  the  proprietors  were  then  reluctant  to  con- 
test. But  a  course  was  pursued  which  was  calculated  to  secure  to 
the  people  the  rights  and  privileges  which  they  had  formerly  en- 
joyed. The  first  step  was  the  election  of  Byllinge  by  the  proprietors, 
to  be  Governor  of  the  province.1  The  particular  conditions  of  his 


1  The  election  of  Byllinge  as  Governor  could  only  have  been  made  in  de- 
ference to  his  claim  to  authority  under  the  grant  from  the  Duke,  unless  some 
new  conditions  had  been  made,  and  none  such  appear.  The  former  conces- 
sions provided  for  no  such  office  as  Governor.  There  was  an  apparent  design 
to  effect  an  union  of  different  plans  by  conceding,  to  an  extent,  the  pretensions 
of  Byllinge,  and  yet  preserving  the  rights  of  the  settlers.  An  election  was  not 
a  direct  denial  of  the  claim  to  superior  authority,  yet  it  implied  that  a  right  of 
choice  existed  in  the  party  electing.  It  is  singular  that  no  apprehension  in  re- 
gard to  the  effect  of  the  grant  to  Byllinge  was  expressed  at  the  time ;  Samuel 
Jenings  wrote,  that  he  had  received  an  account  of  a  new  grant  obtained,  where- 
in the  customs  were  taken  off  a  free  port  confirmed,  and  the  government  settled 
on  Edward  Byllinge,  "which  I  doubt  not  will  be  very  acceptable  to  every 
honest  man."  (Smith's  New  Jersey,  p.  125.)  But  although  the  release  from 
customs  was  a  most  important  advantage  obtained  by  the  province,  the  grant 
in  relation  to  government  was  somewhat  doubtful,  and  did  not  prove  in  the  end 
to  be  entirely  "  acceptable." 


GOVERNMENT  AFTER  THE  RELEASE  OF  THE  DUKE  OF  YORK.  235 

election  are  no  where  given ;  but  he  presently  proceeded  to  the 
appointment  of  a  deputy.  This  office  was  given  to  Samuel  Jen- 
ings,  a  man  of  some  distinction  already  in  the  province.  At  an 
early  period  the  Deputy  Governor  summoned  an  Assembly, 
which  met  at  Burlington  on  the  21st  of  November,  1681,  being 
the  first  Assembly  that  convened  in  West  New  Jersey.2  The 
body  entered  at  once  upon  the  consideration  of  the  state  of  affairs 
and  adopted  such  measures  as  the  altered  condition  of  things  ap- 
peared to  demand ;  reasserting  the  rights  that  had  formerly  been 
held,  and  laying  down  positive  limitations  upon  the  action  of  the 
new  authorities.  A  deep  sense  of  the  importance  of  their  work 
appears  to  have  been  felt  by  the  members.  "Forasmuch,"  they 
say,  "as  it  hath  pleased  God  to  bring  us  into  this  province  of 
West  New  Jersey,  and  settle  us  here  in  safety,  that  we  may  be 
a  people  to  the  praise  and  honor  of  his  name  who  hath  so  dealt 
with  us,  and  for  the  good  and  welfare  of  our  posterity  to  come: 
We  the  Governor  and  Proprietors,  freeholders  and  inhabitants  of 
West  New  Jersey,  by  mutual  consent  and  agreement,  for  the 
prevention  of  innovation  and  oppression  either  upon  us  or  our 
posterity,  and  for  the  preservation  of  the  peace  and  tranquility  of 
the  same,  and  that  all  may  be  encouraged  to  go  on  cheerfully  in 
their  several  places  ;  do  make  and  constitute  these  our  agreements, 
to  be  as  fundamentals  to  us  and  our  posterity,  to  be  held  inviola- 
ble, and  that  no  person  or  persons  whatever,  shall  or  may  make 
void  or  disannul  the  same,  upon  any  pretence  whatever." 

It  was  provided  that  there  should  be  a  General  Free  Assem- 
bly, yearly  and  every  year,  to  be  chosen  by  the  free  people 
of  the  province,  to  consider  of  the  affairs  of  the  province,  and  to 
make  and  ordain  such  acts  and  laws  as  might  be  required,  and 
the  Governor,  with  the  consent  of  his  Council,  might,  if  neces- 
sary, convene  the  Assembly  at  intermediate  times.3  That  the 
General  Free  Assembly  chosen  as  aforesaid  should  not  be  pro- 


'  The  number  of  the  members  in  this  Assembly  is  not  determined. 
*  The  Council  was  a  feature  of  government  now  first  introduced.    Under  the 
former  concessions  the  executive  authority  was  wholly  in  the  body  called  Com- 
missioners.    This  latter  body  however  was  still  continued,  but  with  restricted 
duties  and  powers. 


V. 


236    GOVERNMENT  AFTER  THE  RELEASE  OF  THE  DTJKE  OF  YORK. 

rogued  or  dissolved  before  the  expiration  of  one  whole  year  (from 
the  day  of  their  election)  without  their  own  consent.  That  all 
officers  of  state  or  trust  should  be  nominated  and  elected  by  the 
General  Assembly  for  the  time  being,  or  by  their  appointment, 
and  that  such  officers  should  be  accountable  to  the  General  As- 
sembly, or  to  such  as  they  should  appoint.  That  no  Assembly 
should  give  to  the  Governor  for  the  time  being,  or  his  heirs  or 
successors,  any  tax  or  custom  for  a  longer  time  than  one  year. 
That  liberty  of  conscience  in  matters  of  faith  and  worship  towards 
God  should  be  granted  to  all  people  within  the  province,  who 
should  live  peaceably  and  quietly  therein,  and  no  one  should  be 
rendered  incapable  of  office  on  account  of  faith  and  worship. 

In  reference  to  the  Governor  and  Council,  it  was  provided,  that 
the  Governor  should  not  suspend  or  defer  the  signing  and  con- 
firming of  such  laws  as  were  passed  by  the  General  Assembly. 
That  it  should  not  be  lawful  for  the  Governor,  or  his  heirs  and 
successors,  and  Council,  at  any  time  to  make  and  enact  any  law 
or  laws  for  the  province  without  the  consent  of  the  Assembly, 
and  that  if  they  or  any  of  them,  should  attempt  to  make  such  laws 
without  the  assent  of  the  Assembly,  they  should,  upon  legal  con- 
viction, be  deemed  and  taken  to  be  enemies  to  the  people  of  the 
province.  That  it  should  not  be  lawful  for  the  Governor,  his 
heirs  and  successors,  and  Council,  or  any  of  them,  to  make  or 
raise  war,  or  raise  any  military  forces,  or  to  levy  sums  of  money, 
or  impose  any  tax  whatsoever,  without  the  consent  of  the  Assem- 
bly, neither  should  they  (without  such  consent)  send  embassadors, 
or  make  treaties,  or  enter  into  any  alliances  on  the  public  account. 

These  provisions  were  in  the  nature  of  primary  or  fundamental 
articles,  which  were  to  form  the  foundation  of  government.  It 
was  farther  provided  and  agreed,  that  upon  the  acceptance  of  these 
articles  by  Samuel  Jenings,  the  General  Assembly,  proprietors 
and  freeholders  of  the  province  would  accept  him  as  Deputy 
Governor.  The  conditions  were  agreed  to  by  Jenings,  he  put- 
ting his  hand  and  seal  to  the  articles,  and  they  were  also  sub- 
scribed by  Thomas  Olive,  Speaker,  by  the  order,  and  in  the  name 
of  the  General  Assembly  of  the  province.4 

4  Grants  and  Concessions,  p.  423. 


J  - '  >' 

j 

GOVERNMENT  AFTER  THE  RELEASE  OF  THE  DUKE  OF  YORK.  237 

The  government  being  thus  established,  the  Assembly  pro- 
ceeded at  once  to  make  other  enactments.  Most  of  the  provisions 
in  relation  to  the  rights  of  individuals,  in  respect  both  to  person 
and  property,  which  were  contained  in  the  former  concessions, 
were  adopted  anew,  and  put  into  force.5  Regulations  were  also 
made  prescribing  the  duties  of  the  several  officers.  The  Governor 
and  Commissioners  (in  the  same  manner  as  the  Commissioners 
alone,  under  the  former  concessions)  were  empowered  to  determine 
the  rates  and  fees  of  the  Public  Register,  Surveyor,  and  other 
officers  of  the  province.6  They  were  also  to  see  that  all  courts 
established,  or  to  be  established,  by  the  Assembly  of  the  province, 
should  execute  their  duties  according  to  the  laws;  and  to  displace 
or  punish  offenders.  They  might  suspend  the  execution  of  sen- 
tence passed  upon  any  person,  by  any  judge,  justice  or  court, 
until  the  whole  proceedings  should  be  presented  to  the  next 
Assembly,  which  Assembly,  with  the  Governor,  might  grant  a 
pardon,  or  command  execution  of  the  sentence.  The  Governor 
and  Commissioners  were  also  to  superintend  the  divisions,  sale 
and  conveyance  of  lands,  and  to  have  charge  of  the  execution  of 
the  laws  relating  to  the  estates  of  decedents,  and  the  care  of 
orphans,  which  laws  were  full  and  precise. 

No  additional  regulations  of  importance  were  made  in  relation 
to  the  action  of  the  Legislative  Assembly,  but  the  compensation 
of  the  members  was  determined  anew.  They  were  to  receive 
two  shillings  for  each  and  every  day  they  should  serve,  this  sum 
being  paid,  (as  before)  by  the  respective  divisions  in  which  they 
were  chosen.  To  defray  the  public  debts  and  other  charges  of 
the  province,  it  was  ordered,  that  the  sum  of  two  hundred  pounds 
should  be  levied,  to  be  paid  in  "coin  or  skins  or  money,"  and 
two  persons  were  chosen  as  Receivers  General,  with  authority  to 
appoint  their  subordinates.7  Of  this  sum  twenty  pounds  was  to 

»  In  a  few  particulars  new  provisions  were  made,  but  none  that  altered  the 
spirit  of  the  laws. 

6  The  fees  of  all  judicial  officers  were  formerly  determined  by  the  Assembly, 
and  no  change  in  this  respect  appears  to  have  been  made. 

1  The  sum  above  mentioned  was  to  be  equally  levied  and  proportioned  upon 
the  several  tenths,  twenty  pounds  upon  each  and  every  tenth;  and  every  man 
to  be  assessed  according  to  his  estate  real  or  personal,  and  all  handicrafts,  mer- 


238  GOVERNMENT  AFTER  THE  RELEASE  OF  THE  DUKE  OF  YORK. 

be  given  to  the  Governor,  and  five  pounds  (as  a  gratuity  for  his 
services)  to  the  Speaker  of  the  Assembly. 

It  was  determined  that  the  town  of  Burlington  should  be  the 
chief  town  or  head  of  the  province,  at  which  place  the  provincial 
courts,  and  the  General  Assembly,  were  to  hold  their  sittings. 

A  body  of  Commissions  was  also  nominated  and  chosen  con- 
sisting, besides  the  Governor,  of  eight  individuals.8  After  a  ses- 
sion of  seven  days  the  Assembly  adjourned  to  the  first  day  of  the 
second  month,  called  April,  1682. 

During  this  period  another  division  or  "tenth"  had  been  taken 
up  and  occupied;  this  division,  by  reason  that  the  first  settlers 
had  emigrated  from  Ireland,  was  called  the  "Irish  Tenth;"  it  was 
reckoned  the  third  in  numerical  order,  and  extended  from  the 
Pensaukin  to  Timber  Creek.9  At  the  time  appointed  for  the 
meeting  of  the  Assembly,  the  house  not  being  full,  adjourned  to 
the  14th,  at  which  time  another  meeting  took  place;  no  business 
however  was  transacted,  and  the  members  agreed  to  dissolve 
the  House,  which  was  accordingly  done.  But  directly  afterwards 
a  new  Assembly  was  called  which  met  on  the  2d  of  May  of  the 
same  year.  The  names  of  the  Representatives  who  had  been 
elected  and  chosen  by  the  people  within  their  respective  tenths, 
were  then  returned  by  the  Sheriff  according  to  appointment.10 
Thirty-four  members  attended,  and  the  house  was  organized  by 
the  appointment  of  Thomas  Olive  as  Speaker.  By  this  Assembly 


chants,  and  others  to  be  assessed  at  the  discretion  of  the  Assessor*.  All  persons 
who  should  neglect  or  refuse  to  bring  in  to  the  officers,  the  sum  taxed  upon 
them,  by  a  specified  time,  should  be  fined  at  the  judgment  and  discretion  of  the 
Commissioners,  not  exceeding  forty  shillings.  This  latter  provision  was  an- 
nulled by  the  next  Assembly. 

8  An  important  part  of  the  business  of  the  Commissioners  was  the  direction 
of  measures  for  the  settling  and  regulation  of  lands,  and  they  immediately 
adopted  a  number  of  rules  or  "  methods."      Grants  and  Concessions,  p.  435. 
9  See  Sharp's  account  in  Mickle's  Reminiscences,  p.  48. 

10  The  choice  of  a  "  Sheriff"  is  not  noticed  in  the  proceedings  of  the  previous 
Assembly,  and  as  no  jurisdictions  or  counties  had  yet  been  erected,  the 
peculiar  sphere  for  such  an  officer,  according  to  common  usage,  would  seem  to 
have  been  wanting.  It  is  doubtful  what  was  the  precise  extent  of  the  action  of 
this  officer,  at  the  time. 


GOVERNMENT  AFTER  THE  RELEASE  OF  THE  DUKE  OF  YORK.  239 

the  comparative  advantages  of  general  and  district  elections  were 
considered  a  question  that  has  frequently  been  agitated  in  latter 
times.  Hitherto  elections  had  been  held  within  the  respective 
tenths,  but  the  members  had  been  chosen  from  all  the  divisions 
without  discrimination.  But  the  Assembly  now  resolved  that  "it 
was  their  judgment  and  the  judgment  of  the  respective  people 
by  whom  they  were  chosen,  that  the  most  regular  way  for  pre- 
serving liberty  and  property  by  a  lawful  Free  Assembly  is,  that 
each  ten  proprieties  choose  their  ten  Representatives  where  they 
are  peopled ;  and  that  as  the  proprieties  are,  or  shall  be  peopled, 
they  have  the  liberty  of  choosing  for  each  ten  proprieties,  so  peo- 
pled, ten  Representatives."  The  House  resolved  that  twenty- 
four  members,  the  Speaker  being  one,  should  make  a  quorum  for 
the  transaction  of  business. 

For  greater  convenience  in  the  transaction  of  public  affairs,  the 
province  was  divided  into  two  districts  or  jurisdictions,  in  each  of 
which  courts  were  to  be  established  and  regularly  held.  Four 
Courts  of  Sessions  were  to  be  held  yearly;  in  one  of  the  districts 
at  the  town  of  Burlington,  and  in  the  other,  at  the  town  of  Salem.11 
Smaller  courts  might  be  called  oftener  if  need  should  require,  to 
be  called  by  the  Justices ;  but  if  a  special  court  should  be  called, 
the  party  requiring  it  should  pay  for  every  Justice  sitting  at  the 

11  From  the  fact  that  members  from  Salem  were  in  this  Assembly,  and  that 
provisions  were  made  by  the  Assembly  including  that  portion  of  country,  it  is 
apparent  that  the  relations  formerly  existing  between  Fenwick  and  the  gene- 
ral body  of  proprietors,  had  become  changed.  The  independent  position  of  the 
former  must  have  been  wholly  or  partly  relinquished.  But  in  reference  to  this 
particular,  there  is  a  lack  in  the  history  of  West  Jersey  which  the  author  is 
entiiely  unable  to  supply.  In  what  manner  the  difficulties  which  had  hereto- 
fore existed  between  Fenwick  and  his  lessees,  were  concluded,  if  concluded  at 
all,  is  uncertain,  but  the  country  in  dispute  continued  to  be  known  as  "  Fen- 
wick's  Tenth."  It  is  stated  however  (Johnson's  Salem,  p.  26,)  that  on  the  first 
of  March,  1682,  Fenwick  conveyed  a  moiety  of  his  proprietary  to  Governor 
Penn,  of  Pennsylvania,  excepting  and  reserving  therefrom  to  himself,  his  heirs 
and  assigns,  all  that  tract  of  country  which  was  called  Fenwick's  colony,  con- 
taining as  was  supposed  150,000  acres.  Whether  this  was  intended  as  a  basis 
of  a  general  arrangement,  in  which  Fenwick  was  to  be  allowed  to  retain  the 
land  here  reserved,  and  relinquish  all  claims  to  the  remainder,  is  unknown,  but  A 

it  would  seem  not  improbable. 


Vi"*'^"-:v* 

240  GOVERNMENT  AFTER  THE  RELEASE  OF  THE  DUKE  OF  YORK. 

time,  three  shillings  a  piece,  and  to  the  other  officers  of  the  court 
according  to  their  ordinary  fees,  or  more  for  extraordinary  services. 

The  Council,  consisting  of  ten  persons  of  the  province,  were 
nominated,  and  chosen,  together  with  the  Commissioners,  and  the 
officers  of  the  respective  jurisdictions;  nine  Justices  were  ap- 
pointed for  the  jurisdiction  of  Burlington,  and  four  for  the  juris- 
diction of  Salem.  Sheriffs  were  chosen  for  each,  and  also  a  Clerk 
and  Recorder,  and  Constables  were  appointed  for  three  of  the 
tenths,  none  being  chosen  for  Salem.12  It  was  resolved  and  en- 
acted that  the  next  General  Assembly  should  meet  on  the  12th 
of  the  third  month,  called  May,  and  so  yearly.  After  a  session  of 
four  days  during  which  several  other  enactments  of  minor  im- 
portance were  passed,  the  House  adjourned  to  the  4th  of  Novem- 
ber next,  "unless  there  be  necessary  occasion  to  meet  sooner." 

The  "necessary  occasion"  was  supposed  to  arise,  and  the 
Governor,  by  the  advice  of  his  Council,  summoned  the  Assembly 
to  appear  on  the  26th  of  September  of  the  same  year.  Twenty- 
eight  members  were  present  at  the  time  appointed.  It  was  then 
enacted  that  the  election  of  Representatives  should  take  place 
within  the  respective  tenths  on  the  14th  day  of  the  second  month 
and  so  yearly,  at  such  time  and  place  as  should  be  most  con- 
venient. An  enactment  was  also  made  providing  for  the  settle- 
ment of  certain  suits  in  a  kind  of  Court  of  Arbitration.  In  all 
accounts  of  debts,  of  slander,  and  all  accounts  whatsoever  between 
neighbors,  not  exceeding  twenty  shillings,  the  arbitration  of  two 
indifferent  persons  of  the  neighborhood,  should  be  tendered  by  a 
Justice  of  the  Peace,  who  should  have  power  to  summon  the 
parties  before  him,  before  the  matter  should  be  taken  to  a  court, 
and  if  both  or  either  of  the  parties  should  refuse  to  stand  to  arbi- 
tration, then  the  Justice  might  issue  his  warrant  for  the  trial  of 
the  case  at  the  court  next  ensuing.13  The  present  session  con- 

"  Under  the  former  concessions  Justices  and  Constables  were  to  be  chosen 
by  the  people. 

13  In  the  Convention  that  formed  the  present  Constitution  of  the  State  of  New 
Jersey,  a  motion  was  made  by  Mr.  Jacques,  one  of  the  members,  for  provision  to 
institute  a  court  similar  in  some  respects  to  the  one  here  established;  it  was  to  be 
called  "  A  Court  of  Reconciliation."  The  proposition  was  urged  with  some 
earnestness,  but  was  not  finally  adopted.  Minutes  of  the  Convention. 


GOVERNMENT  AFTER  THE  RELEASE  OF  THE  DUKE  OF  YORK.  241 

tinued  two  days,  and  the  House  was  then  adjourned  to  the  1st 
day  of  the  third  month,  1683.14 

The  next  meeting  of  the  Assembly  was  one  of  importance.  Jt 
commenced  according  to  adjournment  on  the  Jid  of  the  third 
month,  1683.  Thirty -seven  members  were  in  attendance ;  ten 
from  the  first  tenth,  and  the  same  number  from  the  second  and 
from  the  Salem  tenths,  each,15  and  seven  from  the  third  tenth. 
Thomas  Olive  was  again  chosen  as  Speaker  of  the  House. 

At  the  beginning  of  the  sitting  some  enactments  were  made  re- 
lating to  the  action  of  the  government,  or  its  respective  branches. 

It  was  enacted  that  the  Governor,  or  his  successors,  should  have 
no  power  to  require  the  attendance  of  the  Assembly,  or  any  of  its 
members,  (when  sitting,)  at  any  place,  without  the  assent  of  the 
House.  That  for  the  despatch  of  business,  the  Governor  and 
Council  should  have  the  preparing  of  bills  for  laws,  which  should 
be  promulgated  twenty  days  before  the  meeting  of  the  Assembly. 
That  the  Governor,  Council  and  Assembly  should  constitute  the 
General  Assembly,  which  Assembly  should  have  the  affirmative 
and  negative  of  all  bills  prepared  by  the  Governor  and  Council, 
and  that  such  bills  should  be  openly  read  by  the  Clerk,  and  the 
intent  thereof  be  explained  by  the  Governor,  and  then  decided  by 
yeas  and  nays ;  and  that  in  the  case  of  exceptions  and  amend- 
ments, the  Governor  and  Council  and  Assembly  should  determine 
by  a  plurality  of  votes,  the  Governor  having  a  double  vote.  All 
officers  were  to  be  chosen  on  the  first  day  of  the  session.  It  was 
also  provided  that  the  Governor  and  Council  should  have  the 
government  of  the  State  according  to  the  laws,  during  the  recess 
of  the  General  Assembly.16  Several  other  enactments  were  made 

14  An  act  was  passed  at  this  session  for  "the  encouragement  of  learning  and 
the  better  education  of  youth."  It  provided  that  the  Island  of  Matininuck  (late 
in  the  possession  of  Robert  Stacy,)  should  be  given,  and  thenceforth  to  remain 
forever  after,  to  and  for  the  use  of  the  town  of  Burlington,  and  to  others  con- 
cerned therein,  within  the  first  and  second  tenths,  the  rents  and  profits  thereof 
to  be  employed  for  the  maintaining  a  school  for  the  education  of  youth  within 
the  said  town,  and  within  the  first  and  second  tenths.  (Grants  and  Concessions, 
p.  455.)  It  is  believed  that  this  property  is  still  appropriated  to  the  purposes 
here  directed. 

15  John  Fenwick  was  one  of  the  Representatives. 

16  Grants  and  Concessions,  p.  466.    The  chief  administrative  authority  which, 
31 


242  GOVERNMENT  AFTER  THE  RELEASE  OF  THE  DUKE  OF  YORK. 

regulating  the  purchase  and  settlement  of  lands,  and  other  particu- 
lars. But  the  attention  of  the  Assembly  was  especially  directed 
toward  a  subject  more  general  in  character,  and  of  higher  impor- 
tance and  interest. 

Although  the  change  that  had  occurred  in  the  form  of  the  go- 
vernment subsequent  to  the  grant  from  the  Duke  of  York,  had 
been  acquiesced  in  by  the  proprietors  and  the  people,  upon  cer- 
tain conditions,  it  still  became  a  source  of  no  little  disquietude. 
Formerly  the  government  of  the  province  had  been  held  by  the 
proprietors,  freeholders  and  inhabitants,  but  now  it  had  passed,  in 
theory  at  least,  into  the  hands  of  Byllinge,  and  authority  was  ex- 
ercised by  a  Deputy  appointed  by  him.  The  principal  indeed 
had  been  chosen  as  Governor,  and  the  Deputy  had  been  obliged  to 
conform  to  the  conditions  and  terms  that  had  been  made;  and  thus 
the  actual  government  came  to  be  sufficiently  liberal  in  action  and 
character.  But  still  the  question  of  right  was  not  fully  determined. 
With  whom  the  right  and  the  power  of  government  actually  lay, 
was  a  matter  that  was  much  and  warmly  discussed.  Reports 
were  "industriously  spread,"  and  "doubts  started"  calculated  to 
prejudice  the  rights  and  claims  of  the  colonists.17  At  this  time 
too,  it  is  asserted,  the  Governor,  Byllinge,  resolved  upon  the 
removal  of  Jenings  from  his  post  as  Deputy;  a  measure  which 
was  probably  intended  by  Byllinge  as  a  practical  assertion  of  in- 
dependent authority,  and  also,  it  may  be,  to  mark  his  dissatisfac- 
tion with  the  course  of  the  Deputy  in  his  ready  agreement  to  the 
wishes  of  the  people.  The  proprietors  in  England,  or  some  of 
them,  appear  to  have  agreed  in  their  views,  with  the  people  of  the 
province,  and  William  Penn  advised  to  a  course  of  proceeding, 
on  the  present  occasion,  which  directly  tended  to  defeat  the  in- 
tentions of  Byllinge.  He  recommended  that  Jenings  should  be 
confirmed  in  his  office  by  the  choice  of  the  Assembly.18  This 
recommendation,  besides  its  bearing  in  reference  to  the  claims  of 
the  Governor,  was  acceptable  in  the  province  on  other  accounts ; 
Jenings  had  given  satisfaction  to  the  people  and  they  desired  his 
continuance  in  office. 

under  the  former  concessions,  belonged  to  the  Commissioners,  was  here  expressly 
given  to  the  Governor  and  Council. 
1 '  Smith's  New  Jersey,  p.  1 63.       >!  Gordon's  New  Jersey,  p.  43.  Smith,  p.  1 55. 


GOVERNMENT  AFTER  THE  RELEASE  OF  THE  DUKE  OF  YORK.  243 

The  Assembly  now  met,  entered  upon  the  consideration  of  these 
important  particulars,  and  did  not  cease  until  a  full  determination 
had  been  made.  Their  proceedings  are  recorded  as  "the  re- 
solves of  the  freeholders  of  this  province  in  Free  Assembly  met 
on  the  14th  day  of  the  third  month,  1683."  They  resolved  that 
the  land  and  government  of  West  New  Jersey  were  purchased 
together.  That  Edward  Byllinge  and  his  trustees  were  still 
obliged  to  make  good  their  former  contract  and  covenant  in  which 
they  had  granted  both  property  and  power.19  That  the  conces* 
sions  agreed  upon  by  the  proprietors  and  people  and  subscribed 
in  London  and  in  the  province,  were  still  the  fundamentals  and 
ground  of  government.20  That  the  General  Assembly  would 
stand  by,  and  to,  these  concessions,  (but  reserving  the  liberty  and 
privilege  of  making  such  variations  as  from  time  to  time  should 
seem  meet  for  the  public  good.)  That  an  instrument  should  be 
drawn  up,  and  sent,  by  order  of  the  Assembly,  to  some  trusty 
Friends  in  London,  for  Edward  Byllinge  to  sign  and  seal,  where- 
by he  might  confirm  his  first  bargain  and  sale,  in  which  both  land 
and  government  were  granted.  That  upon  such  confirmation  by 
him  the  Assembly  would  manifest  their  satisfaction,  and  if  the 
said  Byllinge  should  come  to  the  province  himself,  they  would 
testify  their  acceptance  and  acknowledgements  for  his  care  and 
diligence  in  the  premises.  That  the  expedient  proposed  by  Go- 
vernor Penn  for  the  election  of  Samuel  Jenings  as  Governor,  was 
satisfactory,  and  that  after,  and  in  addition  to  such  election,  if 
Samuel  Jenings  should  promise  to  act  in  his  office  with  fidelity 
and  diligence  according  to  the  laws,  concessions  and  constitutions 
of  the  province,  sufficient  security  would  be  given  to  the  people. 
In  addition  to  the  difficulties  respecting  government,  some  un- 
easiness had  also  arisen  in  relation  to  the  titles  to  land.  'The 
original  deeds  from  Byllinge  and  his  trustees  had  contained  a 
condition  that  the  sellers,  within  seven  years  from  the  date,  should 


19  This  resolve  was  a  direct  and  distinct  denial  of  the  claims  of  Byllinge  un- 
der the  grant  of  the  Duke  of  York. 

20  John  Fenwick  made  an  exception  to  this  resolve,  alleging  that  at  the  time 
the  concessions  were  subscribed  to,  his  tenth  was  under  different  circumstances, 
yet  noli'  he  freely, assented  thereto. 


244  GOVERNMENT  AFTER  THE  RELEASE  OF  THE  DUKE  OF  YORK. 

make  further  assurance  of  the  premises,  to  the  purchasers;  Hence 
the  Assembly  resolved  that  these  sellers  were  bound  to  give  the 
further  assurance  within  the  specified  time,  according  to  their 
contract  and  covenant.  It  was  further  resolved,  that  "  forasmuch 
as  the  end  of  all  governments  is  the  good  of  the  governed,  and 
that  in  the  Constitution  of  this  colony  there  are  some  expressions 
and  passages  too  strict,  and  which  are  found  by  experience,  not 
to  be  so  practicable  or  profitable,"  the  Assembly  might  make 
from  time  to  time  such  changes  and  alterations  as  they  should 
seem  meet;  six  parts  of  seven  of  the  Assembly  assenting  thereto; 
only  that  the  law  of  liberty  of  conscience,  the  law  of  property, 
the  law  of  yearly  Assembly,  the  law  of  juries,  and  of  evidence, 
should  hot  be  changed.21  The  Assembly  directly  proceeded  to 
carry  out  its  resolves.  Samuel  Jenings,  by  the  free  election  and 
vote  of  the  Assembly,  was  chosen  as  Governor  of  the  province, 
and  he  immediately  subscribed  an  engagement  to  act  in  that 
capacity  "according  to  the  laws,  concessions  and  constitutions  as 
they  are  now  established  in  the  province." 

A  number  of  persons  were  also  appointed  to  prepare  the  instru- 
ment to  be  sent  to  London  for  Edward  Byllinge  to  sign,  and  the 
individuals  in  England  to  whom  the  business  should  be  entrusted 
were  agreed  upon. 

Thus  again  did  the  people  of  this  province  assert  their  claim  to 
entire  freedom  from  all  authority  except  such  as  had  been  insti- 
tuted by  themselves,  in  accordance  with  the  provisions  of  the 
original  concessions.  In  the  following  year,  1683,  the  resolutions 
that  had  been  entered  into  upon  the  subject  of  government,  were 
further  pursued,  and  it  was  enacted  and  resolved  by  the  General 
Assembly,  that  an  instrument  containing  the  state  of  the  case  be- 
tween the  proprietors  of  the  province  and  Edward  Byllinge,  in 
relation  to  the  people's  legal  and  equitable  right  to  the  government 
of  the  province,  should  be  directly  transmitted  to  England,  and 
also  a  letter  to  Bylliuge  himself.  In  pursuance  of  this  design, 

21  Some  provision  allowing  ?uch  alterations  would  «eemed  to  have  been 
required  in  order  to  justify  the  course  of  the  Assembly  itself,  for  whilst  they 
declared  that  the  former  concessions  were  the  fundamentals  and  foundation  of 
government,  the  provisions  now  adopted  were  different  in  many  respects  from 
those  of  the  concessions. 


GOVERNMENT  AFTER  THE  RELEASE  OF  THE  DUKE  OF  YORK.  245 

it  was  further  resolved  at  the  ensuing  session  (held  in  March, 
1684,)  that  an  express  demand  upon  By  Hinge  should  be  made 
for  a  confirmation  of  what  he  had  formerly  sold  and  conveyed, 
and  the  Assembly  elected  and  appointed  Samuel  Jenings  the 
Governor,  and  Thomas  Budd  to  visit  England,  and  conduct 
the  negotiation  there.22  Thomas  Olive  was  nominated  By  Go- 
vernor Jenings  to  serve  as  Deputy  Governor  until  the  next 
meeting  of  the  General  Assembly  should  take  place.  This  meet- 
ing occurred  in  May  of  the  same  year,  and  Olive  was  then 
chosen  as  Governor,  and  the  Assembly  resolved  that  during  the 
pendency  of  the  application  in  England  in  relation  to  the  govern- 
ment, affairs  should  "remain  upon  the  same  foot  and  bottom,  and 
be  managed  ii\  the  same  methods  as  formerly,  until  matters  shall 
be  controverted  and  determined."  .In  the  interim  the  internal 
regulations  of  the  province  were  further  determined ;  the  rate  of 
taxation  upon  real  and  personal  estate  was  prescribed,  and  also 
the  amount  to  be  collected  and  the  mode  of  collection.  Assessors 
and  Collectors  of  taxes  were  to  be  chosen  by  the  people  in  each  of 
the  tenths,  such  officers  having  authority  within  their  respective 
limits ;  and  in  case  any  persons  should  refuse  or  neglect  to  pay 
the  amount  assessed,  within  the  specified  time,  the  next  magistrate 
might  issue  his  warrant  to  distrain  for  double  the  sum  taxed,  to- 
gether with  the  costs  and  charges.  Authority  was  given  to  the 
people  of  the  several  tenths  to  levy  taxes  for  making  and  repair- 
ing highways  within  their  respective  limits.23 

m  It  was  resolved  that  the  -sum'  of  one  hundred  pounds  should  be  given  to 
Governor  Jenings  as  a  gratuity  for  and  in  consideration  of  his  loss  of  time  and 
absence  from  his  own  affairs  "in  his  going  to  England  to  transact  and  carry  on 
the  public  concern  of  this  province,  in  relation  to  the  government  thereof."  It 
was  also  resolved  that  one  •  hundred  pounds  morje  should  be  provided  for  the 
payment  of  the  charges  and  necessary  expenses  of  the  agents.  For  these  sums 
the  Assembly  became  responsible,  but  Samuel  Jenings,  Thomas  Budd  and 
Thomas  Olive  became  bound  for  one  hundred  pounds  on  the  public  account, 
and  ten  other  individuals  entered  as  security  for  the  remaining  hundred.  The 
money  was  advanced  by  Governor  Penn.  Certain  lands  in- the  province  were 
appropriated  for  the  final  liquidation  of  this  debt. 

M  Another  tenth  was  by  this  time  taken  up  and  occupied,  and  Representatives 
appeared  in  the  Assembly  from  the  fourth  tenth.  The  fourth  tenth  extended 
from  Timber  Creek  to  Oldman's  Creek. 


246  GOVERNMENT  AFTER  THE  RELEASE  OF  THE  DUKE  OF  YORK. 

By  the  Assembly  which  convened  in  May,  1685,  the  resolution 
that  affairs  should  be  continued  upon  the  same  "foot  and  bottom" 
as  formerly,  was  somewhat  modified,  by  an  extension  of  the 
powers  of  the  executive  body;  it  was  resolved  that  the  Governor, 
with  the  advice  of  his  Council,  might,  for  the  present  emergency, 
issue  forth  such  proclamations  and  precepts  for  the  preservation 
of  the  property  and  privileges  of  the  people,  as  they  might  deem 
necessary,  until -the  General  Assembly  should  make  further  pro- 
vision. But  the  suspense  arising  out  of  the  "present  emergency" 
was  not  greatly  protracted.  The  mission  of  Governor  Jenings 
and  his  associate  to  England  was  only  partially  successful.  A 
full  renunciation  of  the  claims  of  Byllinge  could  not  be  obtained ; 
a  new  charter  indeed  is  said  to  have  been  given,  but  no  important 
concessions  appear  to  have  been  made,  and  soon  afterwards  a 
commission  was  issued  by  Byllinge  appointing  a  Deputy  Gover- 
nor. This  office  was  given  to  John  Skene.24 

On  the  25th  of  September,  1685,  the  General  Assembly  con- 
vened. Fifty  members  were  in  attendance,  ten  from  the  first, 
second,  third,  and  fourth  tenths,  each,  and  the  same  number  from 
the  Salem  tenth.  Thomas  Olive  was  chosen  Chairman  or  Speaker. 
The  Assembly  resolved  upon  an  acknowledgement  of  the  commis- 
sion of  Byllinge  to  John  Skene  as  Deputy  Governor,  yet  this  was 
done  with  a  distinct  reservation  of  "their  just  privileges  and 
rights."  The  grant  of  Byllinge  proved  to  be  a  source  of  embar- 
rassment; there  was  an  apparent  reluctance  to  enter  upon  decisive 
action  in  relation  to  it,  and  such  action  was  finally  avoided  by  an 
early  adjournment.  The  House  resolved  that  on  account  of  the 
"sharpness  of  the  season"  and  several  of  the  members  being  at  a 
considerable  distance  from  their  habitations,  and  also  as  the  mat- 
ters before  the  House  were  of  great  weight,  the  Assembly  would 
appoint  a  committee  to  be  charged  with  the  inspection  of  the  new 
charter,  and  the  bills  prepared,  who  were  to  make  report  at  the 
next  meeting,  when  the  House  might  give  their  "  resultment  there- 


24  Both  Smith  and  Gordon  state  that  William  Welsh  had  been  appointed 
some  time  before,  as  Deputy  under  Byllinge,  but  that  he  was  rejected  by  the 
Assembly,  Thomas  Olive  was  thrice  elected,  and  continued  to  be  Governor 
from  May,  1684,  until  September,  1685,  when  Skene  was  received. 


GOVERNMENT  AFTER  THE  RELEASE  OF  THE  DUKE  OF  YORK.  247 

of."  It  was  then  agreed  that  the  House  should  elect  and  appoint 
such  officers  as  might  be  necessary  to  assist  the  Governor  in 
keeping  the  peace,  and  maintaining  good  government,  and  then  to 
adjourn  to  some  fit  and  seasonable  time.  It  was  also  resolved 
that  the  new  grant  from  the  Duke  of  York  ("now  King,")  of  soil 
and  government  to  Edward  Byllinge,  and  also  the  instrument 
from  Edward  Byllinge,  and  proprietors,  should  remain  in  the 
custody  of  Thomas  Olive  and  Thomas  Gardner  until  further  order. 
Before  the  adjournment,  officers  were  appointed  for  the  five  divi- 
sions of  the  province,  and  also  a  Justice  and  Constable  for  Cape 
May. 

What  was  the  "fit  and  seasonable  time"  to  which  the  Assembly 
was  adjourned,  there  is  nothing  to  show,  but  another  meeting  did 
not  take  place  until  the  latter  part  of  the  year  1692.  During  this 
interval,  various  changes  occurred  in  the  general  condition  of 
affairs  in  the  province.  Whilst  the  regular  .authorities  were  sus- 
pended, a  portion  of  power  was  exercised  in  some  of  the  sections 
by  the  people  themselves,  with  a  view  to  the  promotion  of  their 
own  convenience  and  advantage.  By  legislative  enactment,  but 
two  jurisdictions  or  counties  had  yet  been  established  within  the 
province,  but  during  the  recess  of  the  Assembly,  another  division 
was  made,  by  the  voluntary  action  and  agreement  of  the  inhabi- 
tants themselves.  The  settlers  within  the  third  and  fourth  tenths 
finding  themselves  subjected  to  much  disadvantage  from  the  trans- 
action of  public  business  at  Burlington  and  Salem,  resolved  upon 
the  establishment  of  a  central  jurisdiction,  and  for  this  purpose  held 
a  convention  at  Gloucester,  in  May,  1686.25  In  pursuance  of 
their  object,  an  instrument  was  framed  and  adopted  which  con- 
tains sufficient  evidence  that  the  people  conceived  their  political 
competency,  to  be  ample  in  extent.  They  determined  the  limits 
of  the  jurisdiction,  the  subdivision  into  townships,  the  constitution 
and  powers  of  the  courts,  the  times  and  places  of  sitting,  with 
various  other  particulars.26  The  new  division  was  called  the 


26  Gloucester  was  one  of  the  earliest  settlements  in  the  province,  and  a  town 
was  soon  afterwards  projected  and  laid  out.  It  continued  for  many  years  to  be 
the  county  town.  See  Mickle's  Reminiscences,  p.  35  and  36- 

*  The  jurisdiction  was  co-extensive  with  the  limits  of  the  third  and  fourth 


248  GOVERNMENT  AFTER  THE  RELEASE  OF  THE  DUKE  OF  YORK. 

county  of  Gloucester,  and  during  the  suspension  of  provincial 
legislation,  the  authorities,  of  Gloucester  continued  to  exercise  a 
degree  of  authority,  entirely  sufficient  to  meet  the, exigencies  of 
the  time. 

In  the  year  1687,  a  change  took  place  in  the  provincial  govern- 
ment in  consequence  of  the  death  of  Edward  Byllinge.27  Upon 
this  event,  Dr.  Daniel  Coxe,  who  was  already  largely  concerned 
in  West  New  Jersey  as  a  proprietor,  purchased  the  whole  of  the 
interest  of  the  heirs  of  Byllinge  in  the  province.  In  this  was 
included  both  the  right  to  property,  and  also  the  doubtful  claim  to 
the  powers  of  government. 

On  the  5th  of  September,  1687,  Coxe  directed  a  communication 
to  the  Council  of  Proprietors  in  the  province,  apprizing  them  of 
the  transfer  that  had  been  made,  and  explaining  at  length  his  own 
expectations  and  views.28  He  directly  advanced  a  claim  to  the 


tenths,  reaching  from  the  Pensaukin  to  Oldman's  Creek.     Four  courts  were  to 
be  held  yearly,  alternately  at  Gloucester  and  Red  Bank. 

Woodbury  Records,  given  by  Mickle,  p.  85. 

21  Byllinge  had  been  one  of  the  most  prominent  actors  in  the  afiairs  of  West 
New  Jersey,  and  in  the  early  period  of  his  engagement  had  manifested  an 
earnest  desire  to  promote  the  interests  of  the  province  and  the  happiness  of  the 
people.  He  had  been  a  party  to  the  first  concessions,  and  had  thus  been  in- 
strumental in  erecting  a  frame  work  of  government  of  a  most  liberal  character. 
It  is  much  to  be  regretted  that  his  subsequent  conduct  was  not  such  as  to  con- 
firm the  expectations  excited  by  his  earlier  course.  He  may  at  first  have  ac- 
cepted authority  from  the  Duke  of  York,  with  an  intention  to  convey  it  to  peo- 
ple, to  whom,  according  to  his  own  agreement  previously  made,  it  properly 
belonged.  His  first  step  may  thus  be  accounted  for  and  partly  excused,  but  his 
subsequent  retention  of  authority  can  in  no  wise  be  palliated,  and  is  only  to  be 
explained  upon  the  supposition,  that  he  was  too  open  to  the  seductive  influences 
of  place  and  of  power. 

28  The  Council  of  Proprietors  were  individuals  chosen  from  the  general  body. 
The  whole  number  of  proprietors  had  become  so  large,  and  the  members  were 
so  scattered  that  the  transaction  of  business  had  become  extremely  difficult.  To 
obviate  this,  it  was  resolved  at  a  meeting  of  the  proprietors  on  the  14th  of  Feb- 
ruary,'1687,  that  there  should  be  constituted  a  Proprietary  Council,  to  consist 
of  eleven  Commissioners,  to  be  annually  chosen  from  among  themselves.  These 
Commissioners  were  fully  empowered  to  act  in  all  such  affairs  as  concerned  the 
general  body,  and  two  shillings  a  day  was  allowed  them  as  a  compensation. 
In  November,  1688,  the  Council  agreed  upon  a  system  of  rules  relating  to  the 


GOVERNMENT  AFTER  THE  RELEASE  OF  THE  DUKE  OF  YORK.  249 

entire  direction  of  affairs  in  matters  of  government.  He  stated, 
that  he  had  advised  with  the  most  eminent  counsel,  by  whom  he 
was  instructed,  that  though  the  concessions  which  had  been  agreed 
to  by  Byllinge  might  have  bound  him  in  conscience  during  his  life, 
yet  that  the  obligation  would  not  survive  so  as  to  be  binding  upon 
his  heirs,  and  of  consequence,  was  not  binding  upon  Coxe  himself. 
In  support  of  this  view  it  was  urged  that  the  original  concessions 
agreed  to  by  Byllinge  had  been  made,  previous  to  his  possession 
of  the  rights  of  government.  This  argument,  whether  sustained 
by  the  opinions  of  "the  most  eminent  counsel"  or  not,  was  sin- 
gularly defective ;  it  had  no  other  foundation  than  mere  assump- 
tion. It  assumed  that  the  rights  of  government  were  wholly  derived 
from  the  grant  that  was  made  to  Byllinge  by  the  Duke  of  York. 
But  before  this  grant  was  made,  Byllinge  and  his  coadjutors  be- 
lieved and  represented  themselves  to  be  possessed  of  this  power, 
and  in  their  concessions  had  conveyed  it  in  the  fullest  manner  to 
the  people  of  the  province.  If  then,  this  authority  was  possessed  at 
that  time,  and  was  conveyed  according  to  the  terms  of  the  con- 
cessions, the  powers  of  government  became  vested  in  the  people 
and  remained  in  them,  and  could  not  afterwards  be  exercised  by 
Byllinge,  or  be  conveyed  by  him  to  another  party.  And  if  it  be 
supposed  that  there  existed  any  defect  in  the  powers  of  the  grantors 
at  the  time  the  concessions  were  made,  and  Byllinge  in  conse- 
quence of  subsequent  events,  came  to  the  possession  of  further 
ability,  he  was  bound  not  only  "in  conscience,"  but  also  in  honor 
and  honesty,  to  make  good  his  former  agreement.  But  in  fact, 
the  grant  of  the  Duke  of  York  was  no  more  than  an  acknowledge- 
ment of  rights  and  powers  which  were  previously  held,  and  which 
had  been  previously  enjoyed  and  exercised,  though  with  great 


sales  and  surveys  of  land.  In  this  manner  the  land  affairs  of  West  New  Jersey 
continued  to  be  directed  for  a  long  period,  and  indeed  the  authority  is  recognized 
even  at  the  present  time.  The  first  Council  were  Samuel  Jenings,  Thomas 
Olive,  William  Biddle,  Elias  Farr,  Mahlon  Stacy,  Francis  Davenport,  Andrew 
Robcson,  William  Royden,  John  Heading,  William  Cooper  and  John  Wills. 
It  was  to  this  body  that  the  communication  of  Dr.  Coxe  was  directed.  During 
the  recess  of  the  General  Assembly,  the  proprietary  body  was  probably  consid- 
ered as  the  highest  authority  in  the  province. 
32 


250  GOVERNMENT  AFTER  THE  RELEASE  OF  THE  DUKE  OF  YORK. 

impropriety  and  injustice,  a  different  distribution  of  these  powers 
was  ordered  and  made. 

Information  was  also  given  by  Goxe  that  he  had  consulted 
with  several  of  the  principal  proprietors,  and  that  he  had  been 
urged  by  them  to  purchase  the  government  and  the  property,  and 
that  he  had  afterwards  proposed,  if  any  way  could  be  shown,  that 
the  government  should  be  assigned  to  the  proprietors,  or  to  par- 
ticular persons,  or  the  people ;  he  desiring  no  more  than  that  he 
should  be  merely  secured  for  what  he  had  actually  disbursed. 
But  little  difficulty  need  to  have  occurred  in  finding  a  "way"  in 
which  an  adjustment  of  the  matter  in  question  might  have  been 
made.  If,  indeed,  Coxe  had  acquired  a  doubtful  and  disputed 
right,  it  might  not  be  found  easy  to  recover  the  amount  of  his 
outlay,  in  any  other  manner  than  by  claiming  that  to  be  sound 
and  good,  which  in  reality  was  imperfect  and  faulty.  A  full  con- 
firmation of  the  original  grant  which  had  been  agreed  to  by  Byl- 
linge,  would  have  been  just  as  a  primary  step;  if  afterwards,  the 
entire  amount  of  disbursement  could  have  been  reached,  no  injury 
would  have  been  sustained  by  any;  but  without  this,  if  interest 
should  be  secured,  a  wrong  would  be  committed.  In  the  commu- 
nication of  Coxe  it  was  further  set  forth,  that  as  no  proposals  had 
been  made  to  him,  he  should  enter  upon  the  government  himself, 
and  he  distinctly  stated  that  "as  all  the  gentlemen  of  the  law  who 
have  been  hitherto  consulted,  do  unanimously  agree  that  the 
government  of  the  province  of  West  New  Jersey,  is  legally  in 
me  as  full  as  Pennsylvania  in  Mr.  Penn,  or  as  East  Jersey  in 
the  proprietors  there,  I  thereupon  assumed  the  title  of  Governor, 
and  lay  claim  to  the  powers  and  authority  thereunto  annexed, 
and  am  resolved,  by  the  assistance  of  Almighty  God,  to  exercise 
the  jurisdiction  by  his  Royal  Highness,  his  last  deed  or  grant  un- 
to me  conveyed,  with  all  integrity,  faithfulness  and  diligence." 
He  also  declared  his  full  willingness  to  confirm  the  civil  privileges 
and  rights  which  had  been  given  in  the  original  concessions  ol 
the  proprietors,  and  to  cause  them  to  be  inviolably  observed;  but 
in  regard  to  the  form  of  government,  he  remarked  that  "as  the 
government  of  England  is  acknowledged  by  all  intelligent  and 
disinterested  persons,  to  be  the  best  of  constitutions,  I  do  hereby 
declare  my  full  and  free  approbation  of  such  constitution  in  your 


CONDITIONAL    SURRENDER    OF    GOVERNMENT  251 

province."  He  declared  that  he  should  confer  upon  the  Assembly 
all  powers  and  privileges  consistent  with  the  ends  of  good  govern- 
ment, the  redressing  of  grievances,  and  promoting  the  peace  and 
prosperity  of  the  province.  He  also  desired  that  information  might 
be  given  him  as  to  the  most  proper  mode  of  establishing  the  Assem- 
bly, and  of  appointing  the  several  officers,  and  gave  an  assurance 
that  all  reasonable  expectations  and  requests  should  be  complied 
with;  and  that  the  officers  appointed  by  ByUinge,  or  who  had 
been  chosen  by  the  people,  should  be  continued  in  their  respective 
places  and  employments. 

From  the  above  particulars  it  is  entirely  manifest  that  all  au- 
thority in  the  province,  in  respect  to  government,  was  claimed  by 
Coxe,  in  virtue  of  the  purchase  he  had  made  from  the  heirs  of 
Byllinge ;  nothing  was  left  to  the  people  as  rights,  though  liberal 
offers  were  made  to  them  as  grants. 

But  the  exercise  of  the  powers  of  government  either  by  the  people 
or  by  the  new  claimant,  was  suspended  for  a  time  by  interference 
from  an  entirely  different  quarter.  The  release  which  had  been 
made  by  the  Duke  of  York  had  served  to  relieve  the  province,  for 
a  period,  from  further  interruption  from  that  source.  But  the 
Duke  had  now  become  King,  and  notwithstanding  his  former  as- 
surances and  grants,  he  again  attempted  a  resumption  of  power. 
As  has  been  noticed  in  the  history  of  East  Jersey,  differences  had 
arisen  between  the  people  of  that  province  and  the  officers  of  the 
crown,  in  the  enforcement  by  the  latter,  of  the  navigation  laws  of 
England.  In  consequence,  a  writ  of  Quo  Warranto  had  been 
issued  against  the  province,  and  after  ineffectual  resistance,  the 
proprietors  of  East  Jersey  had. resolved,  upon  certain  conditions, 
to  surrender  the  government  to  the  King.  West  New  Jersey 
was  not  formally  involved  in  the  process  directed  against  the  ad- 
joining province;  yet  it  was  the  design  of  the  King,  whether  with, 
or  without  a  formal  procedure,  to  reduce  the  whole  of  the  country 
to  a  state  of  dependence.  In  the  condition  of  affairs  existing  in 
West  New  Jersey,  the  body  of  proprietors  or  other  inhabitants, 
had  apparently,  but  little  to  lose  in  a  surrender  of  government 
upon  the  terms  proposed,  all  authority  being  claimed  by  one 
individual.  This  individual,  Coxe,  was  largely  interested,  himself, 
in  the  property  of  the  province,  and  probably  regarded  his  interest 


252  CONDITIONAL    SURRENDER    OF    GOVERNMENT. 

in  this  respect  as  of  too  much  importance  to  be  hazarded  by  a 
tenacious  adherence  to  his  claim  to  the  government.  A  surrender 
was  therefore  made  in  April,  1688,  the  same  time  as  in  East 
Jersey,  and  upon  the  condition,  as  in  the  other  province,  that  the 
rights  of  property  should  remain  undisturbed. 

The  whole  of  New  Jersey,  with  New  York  and  New  England, 
was  placed  under  one  government,  to  be  administered  by  the  well 
known  Edmund  Andross.  Orders  were  transmitted  by  Andross, 
through  his  Secretary,  to  John  Skene,  to  receive  and  take  charge 
on  his  behalf,  of  the  public  records  of  West  Jersey.29  A  demand 
was  accordingly  made  upon  the  Council  of  Proprietors  for  the 
delivery  of  the  papers  and  records  in  their  possession.  This 
demand  was  considered  in  a  meeting  of  the  Council  held  on  the 
10th  of  August,  1688,  and  it  was  then  resolved  "that  all  records 
relating  to  government  may  be  delivered  according  to  the  Secre- 
tary's order,  but  such  as  relate  to  lands,  they  judge  to  be  the  pro- 
perty of  the  proprietors,  and  that  they  ought  to  remain  with  them, 
and  hope  that  the  Governor  is  already  satisfied  therewith."30 

On  the  18th  of  August  Andross  himself  appeared  on  the  pro- 
vince; he  issued  a  proclamation  ordering  that  the  revenue  should 
still  be  collected,  and  also,  that  the  several  officers  of  the  province 
should  continue  in  their  places  and  employments.31  Thus  was 
the  province  subjected  to  royal  government,  which  however,  as 
will  be  seen,  was  but  brief  in  its  duration.  The  revolution  in 
England  soon  followed,  and  the  consequences  were  not  long  in 
appearing  in  the  American  provinces. 


39  It  is  stated  by  Smith,  that  Skene  died  in  December,  1687,  but  from  the 
transaction  above  mentioned,  he  appears  to  have  been  acting  as  an  offcer  in 
1688. 

30  Smith's  New  Jersey,  p.  202.  31  Whitehead,  p.  112. 


CHAPTER  XIV. 


RESUMPTION    OF    GOVERNMENT    IN    EAST    JERSEY. RESUMPTION    IN 

WEST    JERSEY. FINAL    SURRENDER. 

AT  the  first  rumor  that  the  Prince  of  Orange  had  landed  in 
England,  a  flame  burst  out  in  the  American  colonies.  In  Boston 
the  people  assembled  in  arms,  and  those  "public  robbers,"  as 
Andross  and  those  who  had  acted  under  him  were  called,  were 
seized  and  made  prisoners,  and  Andross  himself  was  soon  after- 
wards stripped  of  all  his  authority.  The  Governor  and  Magis- 
trates of  the  colony,  with  Representatives  from  the  town,  assumed 
the  government  until  the  pleasure  of  the  new  King  should  be 
known.  The  new  Monarch  approved  of  their  proceedings,  and 
directed  them  to  continue  the  administration  of  government  until 
the  same  could  be  settled  in  a  manner  most  conducive  to  his 
service  and  the  security  and  satisfaction  of  the  colony.1  Con- 
necticut obtained  the  opinion  of  three  of  the  most  eminent  lawyers 
in  England,  that  their  involuntary  submission  to  the  government 
of  Sir  Edmund  Andross  did  not  invalidate  their  charter;  and  that 
the  same,  not  being  surrendered  under  the  common  seal,  and  such 
surrender  duly  enrolled  of  record,  nor  any  judgment  entered 
against  it,  the  corporation  might  lawfully  execute  the  powers  and 
privileges  thereby  granted.  Hence  this  colony  as  well  as  Rhode 
Island,  continued  their  old  forms  of  government  under  their  charters. 
It  is  possible  that  had  a  course  of  proceeding  like  to  that  pursued 
in  these  colonies,  been  entered  upon  in  East  New  Jersey,  a  similar 
result  might  at  once  have  been  reached.  But  the.  situation  of 
affairs  was  such  as  to  prevent  a  decisive  attempt.  There  was  a 
lack  of  unity  in  action,  if  not  of  feeling,  in  the  body  of  proprietors, 
arising  in  part  from  their  local  division.  It  is  probable  too,  that 


1  Judgment  having  been  actually  rendered  against  Massachusetts,  its  former 
charter  was  not  finally  restored.  Pitkin's  History,  vol.  1,  p.  120. 


254          .  RESUMPTION    OF    GOVERNMENT  IN    EAST    JERSEY. 

the  prevailing  influence,  so  far  as  -it  could  be  gathered,  was  rather 
in  favor  of  quiet  and  peace.  Barclay,- the  Governor,  was  not  of  a 
nature  to  urge  or  direct  a  struggle  for  political  advantages.  Beside 
this,  although"  the  late  King  had" but  illy  deserved  their  kindness, 
there  yet  existed  a  lingering  attachment  to  him  as  the  original 
grantor  of  the  province,  and  some  reluctance  was  felt  to  make  an 
application  to  the  Prince  who  had  driven  him  from  his  do- 
minions and  his  throne.  But  more  than  all,  there  was  a  want  of 
interest  and  attachment  between  the  proprietary  body  and  the 
people-  themselves.  The  government  had  not  acquired  a  hold 
upon  the  affections  of  the  colonists ;  many  of  the  inhabitants  in- 
deed were  really  averse  to'  the  existing  authorities,  and  therefore 
if  no  direct  attempts  opposing  a  restoration  of  the  government  were 
made,  nothing  was  done  by  the  people  to  promote  it.  In  conse- 
quence, a  kind  of  negative  position  was  maintained  for  a  time ; 
the  course  of  events  was  awaited. 

In  May,  1689,  a  summons  was  received  from  the  Lieutenant  of 
Andross,  (who  was  yet  at  the  head  of  affairs  in  New  York,)  re- 
quiring the  authorities  of  East  Jersey  to  attend  a  conference  in 
relation  to  the  state  of  the  government.  Hamilton,  the  Deputy 
Governor,  (who  had  been  continued  in  office,)  with  a  number  of 
the  Justices  of  the  province,  complied  with  the  call,  but  no  deci- 
sive determination  was  arrived  at.  Feeling  the  difficulty  of  his 
position,  Hamilton  resolved  upon  a  voyage  to  England,  in  order 
to  consult  with  the  proprietors  there,  and  to  agree  upon  a  course 
which  should  determine  his  future  proceedings.  He  departed 
from  the  province  in  August,  1689;  he  left  no  deputy,  but  con- 
tinued to  retain  his  authority.2  On  his  voyage  he  was  taken 
prisoner  by  the  French  and  was  detained  for  a  time,  and  upon 
his  arrival  in  England,  his  office  as  Deputy  Governor  was  resigned. 
On  account  of  these  occurrences  the  province  of  East  Jersey  was 
left  for  a  period  without  a  regularly  appointed  head  to  direct  the 
proceedings  of  government.  But  the  several  officers  that  had 
formerly  been  appointed,  remained  in  their  places,  and  continued 
in  the  exercise  of  their  duties ;  the  machinery  of  government  con- 

2  He  appears  to  have  been  in  office  so  late  as  May,  1690.     WJiitthead,  p. 
129. 


RESUMPTION    OF    GOVERNMENT    IN    EAST    JERSEY.  255 

tinued  in  action  although  it  had  become  imperfect  in  form.3  After 
the  resignation  of  Hamilton  and  the  death  of  Governor  Barclay, 
(which  latter  event  took  place  on  the  3d  of  October,  1690,)  it  be- 
came necessary  that  some  decisive  measures  should  be  taken  for 
the  maintenance  of  order.  The  entire  success  of  the  attempts  in 
other  colonies  for  a  full  restoration  of  their  former  privileges  and 
rights  may  have  strengthened  the  resolves  of  the  proprietary  body; 
accordingly,  they  resumed  the  direction  of  affairs,  and  proceeded 
to  re-establish  the  government  of  the  province.  They  appointed 
John  Tatham  as  Governor.  But  the  want  of  agreement  between 
the  proprietors  and  the  people,  created  an  early  impediment. 
Whether  the  inhabitants  preferred  a  continuance  of  their  former 
situation  to  a  renewal  of  the  proprietary  government,  or  whether 
there  were  solid  objections  to  the  present  appointment  sufficient 
to  warrant  opposition,  is  not  easily  determined.  But  Tatham  was 
not  accepted  in  the  province;  the  people  declared  that  they 
"  scrupled  to  obey."  In  the  following  year  Colonel  Joseph  Dudley 
was  appointed;  he  met,  however,  with  the  same  reception  from 
the  people  as  his  immediate  predecessor.4  But  this  difficulty  was 
finally  removed.  On  the  25th  of  March,  1692,  Andrew  Hamilton, 
the  former  Deputy  Governor,  who  still  continued  in  England,  re- 
ceived from  the  proprietors  the  appointment  of  Governor.  During 
his  former  residence  in  the  province,  the  prudence  and  steadiness 
he  had  manifested,  had  rendered  him  acceptable  to  the  people, 
and  his  present  appointment  and  return,  contributed  in  a  great 
degree,  to  the  firmer  establishment  of  the  proprietary  government. 
John  Barclay,  a  brother  of  the  late  Governor,  who  had  resided 


3  Some  authors  have  represented  that  a  complete  suspension  of  all  govern- 
ment took  place  at  this  time,  the  people  being  in  this  respect,  merely  in  "  a  state 
of  nature."     But  such  representations  are  not  strictly  just.     The  suspension  of 
government  was  never  complete,  and  within  the  period  of  partial  interruption, 
both  Tatham  and  Dudley  were  appointed  to  office,  but  were  rejected  by  the 
people.  Whitehead,  p.  130. 

4  Tatham  was  appointed  nearly  at  the  same  time  to  be  Governor  of  Went 
Jersey,  where  he  resided,  but  was  there  rejected  on  account  of  his  "Jacobite 
principles."     This  was  probably  the  ground  or  the  pretence  of  his  rejection  in 
the  other  province;  whether  any  such  suspicion  attached  to  Dudley  does  not 
appear. 


256  RESUMPTION"    OF    GOVERNMENT    IN    EAST    JERSEY. 

for  some  years  in  the  province,  was  appointed  Receiver  and  Sur- 
veyor General,  and  to  complete  the  number  of  officers,  Thomas 
Gordon  was  placed  in  office  as  Secretary  and  Register,  being  the 
Deputy  of  William  Dockwra,  who  held  the  chief  place  under  the 
proprietors,  in  England. 

Governor  Hamilton  arrived  in  the  province  in  September,  and 
his  reception  was  such  as  to  go  far  towards  relieving  the  colonists 
from  the  suspicion  of  factious  opposition  to  the  government,  which 
their  previous  course  might  possibly  have  raised.  The  Governor 
entered  at  once  upon  the  duties  of  his  office,  and  appointed  his 
Council  from  among  the  most  prominent  men  of  the  province.5 

On  the  28th  of  September,  1692,  the  General  Assembly  con- 
vened. The  general  interests  of  the  colony  were  brought  into 
notice,  and  various  acts  were  passed  to  meet  the  circumstances 
existing  at  the  time.  The  scruples  or  questions  that  might  have 
arisen,  on  account  of  the  several  changes  that  had  occurred  in  the 
government  of  England  and  of  the  province,  were  forestalled,  by  a 
general  confirmation  of  previous  enactments,  excepting  only  such 
laws  as  had  been  formerly,  or  were  now  expressly  repealed. 

For  a  time,  an  appearance  of  settlement  and  quiet  was  exhibited 
in  the  province,  but  it  was  soon  interrupted  by  other  events.  The 
old  subject  of  dispute  relating  to  the  titles  of  land  was  again  revived. 
Although  this  question  had  been  repeatedly  and  definitely  settled 
by  declarative  acts  of  the  proprietors,  and  of  the  Assembly,  it  still 
had  not  been  brought  to  the  notice  of  the  courts,  and  no  judicial 
opinion  had  yet  been  given.  But  in  1695  the  matter  was  formally 
determined  in  the  courts  of  the  province,  and  a  judgment  was 
given  adverse  to  the  party  claiming  by  the  Indian  right.  But  the 
decision  failed  to  produce  the  effect  that  might  have  been  hoped, 
and  that  might  been  expected.  An  appeal  was  taken  to  the  King 
in  Council,  and  there,  upon  the  ground  of  some  informality  in  the 
previous  proceeding,  the  decision  of  the  provincial  court  was  an- 
nulled; and  thus  this  fruitful  source  of  dissension  was  opened 
afresh.  Increased  unsettlement  was  the  consequence. 


»They  were  Captain  Isaac  Kingsland,  Andrew  Bowne,  John  Inians,  David 
Mndie,  James  Dundas,  John  Royce,  Samuel  Dennis,  John  Bishop,  and  Lewis 
Morris. 


RESUMPTION    OF    GOVERNMENT    IN    EAST    JERSEY.  257 

Not  long  afterwards  another  unfavorable  circumstance  occurred. 
Governor  Hamilton  was  in  general  favor  with  the  people,  and  had 
also  acted  with  faithfulness  toward  the  proprietors ;  and  his  con- 
tinuance in  office  seemed  likely  to  be  highly  beneficial  in  effecting 
a  restoration  of  order  and  harmony.  But  in  1697,  a  law  had 
been  enacted  by  the  English  Parliament  requiring  that  all  pro- 
prietors of  colonies  should  present  their  respective  Governors  to 
the  King  for  his  approval,  and  that  no  other  than  a  natural  born 
subject  of  England  should  be  admitted  to  serve  in  any  public 
places  of  profit  and  trust.  The  law  itself  was  an  exhibition  of 
contracted  policy,  and  it  was  complied  with  by  the  proprietors  of 
East  Jersey  with  a  degree  of  promptitude  that  would  almost  war- 
rant a  charge  of  extreme  subserviency.  Without  awaiting  the 
decision  of  the  King  in  the  case  of  Hamilton,  (who  was  a  native 
of  Scotland,)  they  at  once  removed  him  from  office.  Notice  was 
given  to  the  Council  of  the  removal,  accompanied  by  a  declaration 
that  it  was  considered  unavoidable,  and  was  much  against  the  in- 
clination of  the  proprietors.  It  proved  to  be  greatly  injurious  to 
their  interests. 

Jeremiah  Basse  was  appointed  as  the  successor  of  Governor 
Hamilton;  he  produced  his  commission  to  the  Council  of  the 
province  on  the  7th  of  April,  1698.  It  was  understood  that  the 
assent  of  the  King  had  been  given  to  the  appointment.  The  new 
functionary  entered  upon  his  duties  by  publishing  a  proclamation 
directed  to  the  officers  and  people  of  the  province.  It  set  forth  the 
importance  of  an  orderly  and  moral  deportment  for  the  preservation 
of  peace,  and  for  the  support  of  the  government  of  his  Majesty,  who 
it  was  said,  "hath  so  often  exposed  his  Royal  person  to  eminent 
danger,  to  reduce  us  from  the  growing  power  of  Popery  and  arbi- 
trary government."  All  persons  were  prohibited  from  cursing, 
swearing,  intemperance,  and  other  immoralities  which  were  named; 
and  all  officers  were  commanded  to  enforce  the  laws  against  such 
as  should  offend.  But  no  long  time  elapsed  before  difficulties 
began  to  arise.  It  was  discovered  that  the  Governor's  appoint- 
ment had  not  been  approved  by  the  King,  as  had  been  represented 
at  the  time.6  Beside  this,  the  necessary  confirmation  from  the 


s  The  proprietors  afterwards  stated  in  a  petition ;  that  upon  the  appointment 
33 


258  RESUMPTION    OK    GOVERNMENT    IN    EAST    JERSEY. 

proprietors  themselves  was  wanting,  ten  only  having  given  their 
assent,  whilst  sixteen  was  the  number  required.  On  these  ac- 
counts, some  of  the  proprietors  in  the  province  refused  to  acknow- 
ledge the  Governor's  authority,  and  a  similar  disposition  was 
shown  by  the  people.  A  part  of  this  opposition  was  owing,  or 
was  attributed,  to  the  displeasure  that  was  felt  at  the  hasty  removal 
of  Hamilton,  and  some  even  insisted  that  the  latter  was  not  really 
or  fairly  superseded,  and  hence  that  he  in  fact  was  the  Governor 
of  the  province,  and  that  in  his  absence  the  government  should  be 
conducted  by  the  Council.  Instead  of  seeking  to  remove  the  de- 
fects which  really  existed  in  his  commission,  and  commending 
his  authority  by  a  calm  and  steady  deportment,  Governor  Basse 
appears  to  have  sought  to  secure  his  position,  by  opposing  party 
to  party.  Wanting  the  full  support  of  the  proprietary  interest  in 
the  province,  he  gave  his  countenance  to  those  who  had  always 
been  opposed  to  the  proprietary  government,  and  thus,  his  in- 
fluence operated  indirectly  to  weaken  and  subvert  the  authority 
under  which  he  was  acting.  At  the  same  time  he  was  reduced 
himself,  to  a  situation  of  the  most  wretched  dependence.  Some 
of  the  laws  enacted  by  the  Assembly  were  directly  opposed  in 
spirit,  if  not  in  terms,  to  the  proprietor's  regulations  and  instruc- 
tions, yet  the  Governor  gave  them  a  ready  approval.7  Whilst 
by  such  a  course  of  conduct  he  had  forfeited  the  confidence  of 
all,  and  was  left  without  substantial  support  in  the  province, 
he  was  obliged  to  encounter  opposition  from  without.  Recent 
enactments  had  been  made  by  the  Assembly  for  the  encourage- 
ment of  trade,  and  the  establishment  of  a  port  and  custom  house 
at  Perth  Amboy.  This  led  to  a  renewal  of  complaint  from  the 
authorities  of  New  York,  and  of  representations  to  the  King,  of 
the  great  advantage  that  would  be  gained  by  annexing  New  Jersey 
to  New  York.  The  unceasing  urgency  of  the  authorities  of  the 
latter,  upon  this  subject,  affords  an  instance  of  most  aggravated 

of  Basse  they  had  received  instructions  from  the  Lords  Justices,  and  Lords 
Commissioners  of  the  Treasury,  for  the  Governor's  conduct,  which  they  stated, 
had  been  produced  and  published  as  evidence  that  the  Governor  had  been  ap- 
pointed with  the  knowledge  and  full  consent  of  his  Majesty,  and  that  only  an 
express  approbation  in  writing  was  wanting.  Grants  and  Concessions,  p.  592. 
1  Whitehead,  p.  140. 


RESUMPTION    OF    GOVERNMENT    IN    EAST    JERSEY.  259 

illiberal ity  toward  a  neighboring  province.8  That  a  regard  to 
their  own  advantage  was  the  true  motive  by  which  they  were 
actuated,  though  masked  beneath  a  professed  anxiety  for  his 
Majesty's  interest,  was  no  doubt  perceived;  yet  the  King  was  not 
likely  to  inquire  with  much  care  concerning  the  reasons  of  any 
suggestion,  if  satisfied  that  it  tended  to  the  benefit  of  the  Crown. 
Hence  a  disposition  was  manifested  to  impose  new  restrictions 
upon  trade  in  New  Jersey,  notwithstanding  the  evident  injustice 
and  the  declared  illegality  of  the  course.  Beside  the  former  deci- 
sion of  Sir  William  Jones  in  a  similar  case,  an  opinion  was  now 
given  upon  this  point  by  two  eminent  authorities,  Sir  John  Hawles 
and  Sir  Cresswell  Levins.9  They  pronounced  against  the  impo- 
sitions of  any  customs  in  the  province,  except  such  as  were  im- 
posed by  act  of  Parliament,  or  their  own  Assembly.  But  it  was 
not  a  decision,  it  was  not  knowledge,  that  was  wanting;  the  case 
was  one  of  sufficient  clearness ;  no  one  could  then  have  supposed 
that  the  imposition  of  customs  by  Royal  authority  was  consistent 
with  the  laws  of  England,  and  still  less  with  the  privileges  that 
had  been  granted  to  the  people  of  the  province.  But  it  suited  the 


8  The  Governor  of  New  York  complained  that  "they  are  now  making  war 
upon  us  in  point  of  trade,  they  will  draw  all  the  shipping  thither  and  establish 
a  free  port,  to  the  great  prejudice  of  this  place,  and  sink  the  trade  of  it,  they 
pay  no  duty  to  the  King,  and  all  will  flock  there.     New  York  Colonial  Papers. 

9  These  are  mentioned  as  "  Crown  Lawyers"  by  Chalmers  and  Grahame,  by 
whom  it  is  also  stated  that  the  question  was  submitted  to  these  authorities  by 
the  government,  and  that  the  claims  in  question  were  afterwards  abandoned. 
Whether  they  were  Crown  Lawyers  or  not,  is  uncertain,  and  not  important, 
neither  is  it  of  great  consequence  by  whom  the  application  to  them  was  made ; 
their  decision  was  probably  given  without  any  regard  to  the  parties  concerned, 
and  was  certainly  just,  as  regarded  the  principal  point.     But  if  these  persons 
were  the  legal  officers  of  the  Crown,  and  gave  an  opinion  as  such,  it  would 
seem  the  more  extraordinary  that  no  regard  should  have  been  paid  to  the  deci- 
sion; it  is  certain 'that  the  exactions  was  afterwards  continued.     It  is  stated 
indeed,  by  the  authors  just  mentioned,  that  the  demands  were  made  under  the 
authorities  of  the  Assembly  of  New  York,_but  nothing  appears  to  confirm  this 
opinion,  it  is  more  probable  that  they  were  made  under  express  authority  from 
the  King.     It  is  in  any  case  clear,  that  instructions  from  the  Crown  were  sub- 
sequently given,  calculated  and  designed  to  obstruct  the  trade  of  New  Jersey. 

Whitehead,  p.  143. 


260  RESUMPTION    OF    GOVERNMENT    IN    EAST   JERSEY. 

purposes  of  the  authorities  of  New  York  to  urge  that  restrictions 
should  be  laid  upon  New  Jersey,  and  it  suited  the  views  of  the 
King  to  accede  to  the  proposal.  In  1697,  instructions  were  given 
to  Lord  Bellamont,  the  Governor  of  New  York,  to  prevent  the 
trade  between  the  Indians  and  the  inhabitants  of  East  Jersey. 
Very  soon  afterwards  he  received  another  despatch  or  direction 
from  the  Crown,  denyingthe  rights  of  both  East  and  West  New 
Jersey  to  the  privilege  of  ports,  and  enjoining  upon  Bellamont  "to 
take  care  that  the  rights  and  privileges  of  New  York  be  not  in- 
fringed," and  a  proclamation  was  issued  in  accordance  thereto. 

Governor  Basse  exhibited  in  relation  to  these  pretensions  and 
claims  a  more  correct  appreciation  of  his  duties  than  he  had  for- 
merly shown.  He  published  a  counter  proclamation,  and  insisted 
upon  the  rights  of  the  province  to  freedom  of  trade,  and  a  vessel 
that  lay  at  Perth  Amboy  was  loaded  by  his  orders,  and  directions 
were  given  for  her  speedy  departure.10  But  the  Governor  of  New 
York  now  acted  again  the  same  part  that  had  been  performed  by 
his  predecessor  Andross,  ten  years  before.  The  vessel  when  on 
the  point  of  departure,  was  seized  by  an  armed  force  and  con- 
veyed to  New  York.  This  outrage  claimed  the  attention  of  the 
Assembly  of  East  Jersey,  and  a  law  was  enacted  for  raising  the 
sum  of  six  hundred  and  seventy-five  pounds,  by  a  general  tax,  to 
be  used  "not  only  to  remonstrate  the  injuries  already  done  us, 
but  also  to  avoid  the  like  incursions  in  future."  Agents  were 
appointed  to  prosecute  the  affair,  and  a  part  of  the  amount  was  to 
be  employed  "  to  gratify  the  best  and  ablest  counsel  in  the  law, 
the  better  to  state  and  represent  our  case."  It  is  doubtful  whether 
this  amount  was  collected;11  but  whether  or  not,  the  "case"  was 
afterwards  determined;  it  was  brought  in  1701,  before  the  Court 
of  King's  Bench,  and  a  decision  was  given  by  which  the  rights 


10  It  is  intimated  by  Whitehead,  that  a  part  of  the  spirit  manifested  by  the 
Governor  on  this  occasion,  proceeded  from  personal  interest,  he  being  dhectly 
concerned  in  the  vessel  or  cargo. 

"  The  enforcement  of  the  law  was  objected  to,  in  as  much  as  the  money  was 
to  be  entrusted  to  the  adherents  or  personal  friends  of  the  Governor,  in  whom 
the  people  had  no  confidence;  they  doubted  whether  the  money  would  be  ap- 
plied "for  the  country's  good."  Newark  Records, in  Whitfhead,  p.  146. 


RESUMPTION    OF    GOVERNMENT    IN    EAST    JERSEY.  261 

and  claims  of  East  Jersey  were  fully  sustained.  But  the  decision 
came  too  late  to  be  attended  by  any  important  advantage. 

Though  the  conduct  of  Governor  Basse  in  the  management  of 
these  affairs  may  have  been  more  in  accordance  with  the  views 
of  the  people  than  were  his  previous  acts  and  course,  they  still 
were  no  nearer  to  an  acquiescence  in  his  rule.  .On  the  contrary, 
the  opposition  against  him  soon  ripened  into  actual  revolt.  The 
Governor  directed  that  the  most  daring  of  the  offenders  should  be 
committed  to  prison,  but  they  were  quickly  liberated  by  their 
associates,  by  force.  The  public  officers  of  the  province  were 
insulted  and  abused,  and  absolute  anarchy  seemed  to  be  almost  at 
hand.  In  alarm  for  his  safety,  or  in  the  hope  of  obtaining  the 
means  of  redress,  the  Governor  resolved  to  leave  the  province, 
and  in  May,  1699,  he  departed  for  England,  leaving  in  his  place 
a  Deputy  Governor.  In  his  final  act,  the  selection  of  a  successor, 
Governor  Basse  would  seem  to  have  been  willing  to  perpetuate 
in  the  minds  of  the  coumists,  the  remembrance  of  his  character 
and  acts.  Andrew  Bowne,  the  Deputy,  had  always  been  known 
as  one  of  the  prominent  opponents  of  the  proprietary  government. 
But  the  authority  obtained  by  the  latter  was  too  slight  to  be 
seriously  opposed,  or  much  respected,  and  a  state  of  indifference 
succeeded  the  former  excitement. 

After  the  arrival  of  Governor  Basse  in  England,  the  proprietors 
resolved  upon  the  re-appointment  of  Governor  Hamilton.  A 
decision  had  been  given  by  the  officers  of  the  Crown,  that  the 
act  excluding  foreigners  from  office,  did  not  apply  to  the  natives 
of  Scotland.  But  a  new  objection  to  his  confirmation  in  office 
had  now  arisen.  A  trial  was  about  to  be  instituted  in  the  courts 
of  law  to  test  the  claim  of  the  proprietaries  to  the  government 
of  the  province,  and  until  this  should  be  decided,  no  formal 
assent  could  be  obtained,  though  the  appointment  of  Hamilton  in 
the  interim,  was  not  objected  to.  At  his  arrival  in  the  province, 
no  open  opposition  was  made  to  his  resumption  of  authority.  But 
the  time  for  harmonious  action  had  passed.  The  tendency  to 
disorder  had  become  so  strong,  that  if  no  real  objection  could  be 
found  against  the  established  authorities,  a  pretext  would  be  made. 
The  fact  that  the  appointment  of  Hamilton  had  not  been  confirmed, 
began  to  be  urged  against  him,  and  transactions  ensued  of  a 


262  RESUMPTION    OF    GOVERNMENT    IN    EAST    JERSEY. 

character  so  tumultuous  and  violent,  as  to  fix  upon  the  period,  the 
designation  of  "  the  time  of  the  revolution."'2  Soon  afterwards  a 
long  memorial  was  prepared  and  addressed  to  the  King,  com- 
plaining of  the  wrong  which  it  was  said  the  people  had  endured. 
It  set  forth  that  the  proprietors  had  formerly  allowed  the  province 
to  remain  without  any  government  for  three  years,  and  that  at  a 
time  when  it  was  exposed  to  danger  from  war.13  It  also  set 
forth  as  matter  of  complaint,  that  after  removing  Governor  Hamil- 
ton from  office  in  obedience  to  an  act  of  Parliament,  the  proprietors 
had  now  returned  him  again  as  Governor,  though  the  disability 
under  which  he  labored  had  not  been  removed,  and  that  other 
officers  were  also  in  the  same  situation ;  and  the  petitioners  asked 
that  his  Majesty  would  order  that  a  fit  person,  qualified  according 
to  law,  might  be  commissioned  as  Governor.  These  petitioners 
failed  to  represent,  that  the  suspension  of  government  of  which 
they  complained,  so  far  as  it  really  occurred,  was  owing  in  great 
part,  to  acts  of  the  people  themselves ;  and  also,  that  they  had  for- 
merly been  extremely  desirous  that  Governor  Hamilton  might  be 
continued  in  office,  notwithstanding  the  disability  which  they  now 
alleged  to  exist.  But  in  truth,  the  real  object  of  these  petitioners, 
or  many  of  them,  was  to  escape  from  the  restraints  and  obliga- 
tions they  were  under  from  the  existence  of  the  proprietary 
government.  Numbers  hoped  to  be  freed  from  all  further  ques- 
tioning as  to  their  titles,  and  from  all  demands  for  the  payment  of 
rents.  The  very  same  opposition  to  government  which  arose  at 
the  beginning  of  the  colony,  now,  after  being  checked  for  a  time 
by  authority,  or  appeased  for  a  while  by  concession,  was  ready 
again  to  break  forth.14  Some  of  the  colonists  indeed,  were  well 


13  It  is  no  more  than  just  to  the  people  to  state,  that  open  opposition  to  Hamil- 
ton began  to  be  manifested  after  the  dissolution  of  the  Assembly  by  him,  on  the 
ground  of  an  informality  in  their  proceedings.  Yet  opposition  was  previously 
designed,  as  was  manifested  by  the  Assembly  at  their  first  coming  together. 

13  This  allegation,  as  has  already  been  shown,  was  almost  wholly  unfounded. 

14  The  situation  of  the  Governor  and  the  views  and  objects  of  the  people  are 
fully  set  forth  in  a  letter  from  Hamilton  to  the  proprietors,  dated  June  1st,  1700. 
He  stated  himself  to  be  "at  a  great  loss  for  want  of  advice  from  you  how  far 
you  have  concerted  the  affairs  of  the  surrender,  the  people  here  proposing  to 
themselves  that  they  will  be  upon  a  level  with  you  when  the  government  is  out 


RESUMPTION    OF    GOVERNMENT    IN    EAST    JERSEY.  263 

affected,  and  did  not  approve  of  the  measures  pursued,  but  their 
numbers  or  influence  were  not  sufficient  to  work  a  change  in  the 
general  feeling,  or  to  arrest  the  course  of  public  affairs.  Faction 
had  become  too  strong  to  be  longer  controlled.  The  Governor, 

of  your  hands,  may  purchase  lands  from  the  Indians  as  well  as  you,  and  throw 
up  their  patents  and  hold  by  their  Indian  purchase.  While  the  people  propose 
to  themselves  such  advantages  by  the  governments  being  in  the  hands  of  the 
King,  you  cannot  expect  they'll  raise  money  to  defend  it,  nor  any  thing  wherein 
they  suppose  you  will  share  the  advantage  with  them.  Finding  no  hopes  of 
raising  money,  I  forbore  calling  our  Assembly  till  their  own  was  to  sit  of  course, 
which  by  an  act  passed  in  Mr.  Basse's  time,  is  to  meet  yearly  by  proclamation 
on  the  fourth  Tuesday  in  May.  I  accordingly  called  them  at  that  time,  and 
upon  their  meeting  the  whole  House  came  to  me  and  the  Council.  As  I  was 
beginning  to  speak,  Capt.  Bowne  told  me  he  was  ordered  by  the  Representatives 
to  ask  by  what  authority  I  called  them  together.  I  told  him  he  could  very  well 
have  answered  that  question  himself,  having  heard  my  commission  read  upon 
my  arrival.  TVIr.  Royse  asked  me  if  I  had  the  approbation  as  the  act  directs.  I 
told  him  I  was  much  surprised  lo  hear  him  ask  that  question,  he  himself  having 
said  in  Mr.  Basse's  time  that  this  point  was  for  the  King  to  inquire  into,  and 
not  the  people,  and  also  that  he  had  heard  upon  my  first  coming  what  steps  had 
been  taken  to  obtain  an  approbation,  and  the  reason  that  obstructed  it.  But 
since  he  was  not  so  just  as  to  inform  the  Representatives  what  he  knew,  I  would, 
and  I  accordingly  related  the  whole.  That  in  order  to  break  their  ports,  the 
Crown  had  of  late  questioned  the  proprietors  right  to  government,  looking  on  it 
as  unaccountable  to  be  a  government,  and  not  allowed  a  port  as  all  other  dis- 
tinct colonies  in  America  are.  That  accordingly,  the  Lords  of  Trade,  to  whom 
the  proprietor's  petition  was  referred,  had  advised  the  King  to  consent  to  a  trial 
in  Westminster  Hall  for  their  claim  to  both,  which  report  was  confirmed  by  the 
King,  and  referred  to  the  Attorney  General  to  direct  the  manner  of  trial.  That 
after  the  report,  I  had  applied  to  the  Council  of  Trade  and  told  their  Lordships 
that  since  they  were  pleased  to  scruple  the  proprietor's  title  to  government,  I 
should  be  unwilling  to  act  under  any  commission  their  Lordships  should  ac- 
count unwarrantable,  and  thereby  draw  myself  or  the  proprietors  under  any  in- 
convenience. But  the  Lords  were  pleased  to  tell  me  that  they  questioned  the 
proprietor's  right  to  government,  yet  they  did  not  intend  that  as  an  inhibition 
to  the  proprietors,  or  a  forbidding  them  to  act  further  until  the  trial  betwixt 
them  and  the  King  were  issued,  or  that  the  terms  of  the  surrender  should  be 
concerted,  they  being  sensible  that  people  could  not  be  without  government,  and 
therefore  if  I  acted  according  to  the  laws  of  England,  the  proprietors  would  be 
sufficiently  justifiable  in  commissioning  me,  and  I  safe  to  act,  but  that  granting 
an  approbation  was  a  recognizing  the  proprietor's  title  and  by  consequence 
giving  away  what  they  accounted  the  King's  right.  Notwithstanding  this  ex- 


264  RESUMPTION    OF    GOVERNMENT    IN    WEST    JERSEY. 

with  all  his  prudence  and  firmness,  had  become  nearly  powerless. 
The  proprietary  bo'dy  too,  had  become  numerous,  and  were  so 
divided  in  interests  and  aims,  that  their  Councils,  even  at  this 
period  of  danger,  were  uncertain  and  wavering,  and  their  resolves 
but  feebly  pursued.  Without  an  entire  change,  but  one  course 
seemed  open  before  them,  and  that  course  which  had  already  been 
contemplated,  was  now  pursued.  The  government  was  surrendered. 
During  this  time  the  course  of  affairs  in  West  New  Jersey  had 
been  tending  to  a  similar  issue.  The  conditional  surrender  of 
government  in  the  western  province,  and  the  assumption  of  au- 
thority by  Sir  Edmund  Andross,  had  caused  but  little  alteration 
in  the  general  state  of  affairs.  The  officers  formerly  appointed, 
were  continued  by  Andross,  and  the  government  (so  far  as  the 
provincial  government  continued  in  force,)  was  administered  by 
them  for  the  time.  As  before  noticed,  the  Legislative  Assembly  was 
suspended.  Coxe,  in  his  capacity  as  proprietor,  continued  to  be 
actively  concerned  in  the  management  of  business.  Subsequent 
to  the  surrender,  extensive  purchases  of  land  were  made  by  him 
from  the  natives,  and  these  agreements  were  assented  to  by  the 
Council  of  Proprietors,  and  provision  was  made  for  refunding 
the  purchaser.15  An  agreement  was  also  concluded  on  the  5th 
of  September,  1688,  between  Coxe  and  Governor  Barclay,  re- 
specting the  limits  of  East  and  West  New  Jersey;  Coxe  insisted 
that  the  boundary  formerly  agreed  upon  was  unjust  to  the  western 
proprietors,  and  a  new  division  was  projected,  which  received  the 
assent  of  the  Council  of  Proprietors  in  West  Jersey,  in  December, 
1688.  The  contract  however  was  not  carried  out  to  effect.16 

planation,  Mr.  Royse  insisted  that  they  were  not  safe  to  act  without  an  appro- 
bation, which  put  me  upon  the  necessity  of  plain  dealing  with  them.  I  told 
them  I  was  not  a  stranger  to  the  point  they  were  driving  at,  and  that  the  getting 
the  government  out  of  the  proprietor's  hands,  they  accounted  the  means  to  ob- 
tain it,  and  it  was  that,  and  not  the  want  of  an  approbation,  was  the  reason  of 
their  pretended  scruples."  Whitehead,  p.  223. 

15  Three  several  purchases  were  made,  dated  respectively  the  30th  of  March, 
the  3Cth  of  April,  and  the  16th  of  May,  1688.    They  were  lands  in  the  southern 
part  of  the  province,  including  part  of  the  present  counties  of  Cumberland  and 
Cape  May. 

16  It  is  somewhat  doubtful  in  what  precise  character  the  contracting  parties  at 
this  time  considered  themselves  as  acting.     The  government  in  both  provinces 


RESUMPTION    OF    GOVERNMENT    IN    WEST    JERSEY.  265 

The  renewal  of  the  proprietary  government  in  West  Jersey  was 
equally  tardy,  and  attended  with  no  less  difficulty  than  in  the 
eastern  province.  In  the  former  indeed,  the  want  of  harmony 
between  the  authorities  and  the  people,  seemed  even  greater  than 
in  the  latter.  Coxe  had  arrogated  all  power,  asserting  that  the 
entire  government  of  the  province  was  legally  in  him ;  but  the 
claim  he  had  acquired,  when  held  by  Byllinge,  had  been 
expressly  denied  and  rejected  by  the  people  through  the  Repre- 
sentative body,  and  there  was  now  no  disposition  to  aid  in  any 
attempt  which  would  tend  to  its  confirmation.  The  people  too, 
in  some  portions  of  the  province,  as  has  been  seen,  had  taken  the 
management  of  affairs,  in  part,  into  their  own  hands,  and  had  be- 
come somewhat  familiarized  to  the  idea  and  the  practice  of  inde- 
pendence in  government.  The  county  authorities  had  exercised 
control  in  matters  affecting  their  particular  and  relative  interests.17 
But  the  claimant  of  chief  authority  in  the  province,  was  little  in- 
clined to  allow  any  part  of  the  advantage  he  had  come  to  possess, 
to  remain  unused ;  and  only  awaited  an  opportunity  to  renew  his 
endeavours  for  the  establishment  of  his  claim  to  the  government. 
The  proposal  he  had  made  for  the  institution  of  a  rule  according 
with  the  principles  of  the  "English  Constitution,"  was  not  now 

had  then  been  surrendered,  and  Andross  had  taken  possession  thereof.  The 
former  Governors,  then,  would  seem  to  have  had  no  other  authority  than  as  the 
representatives  and  holders  of  property,-  but  in  name  they  acted  as  Governors, 
and  a  high  authority,  (Whitehead)  represents  Barclay  as  making  the  agreement 
in  that  character.  And  as  the  surrender  had  been  only  conditional,  the  former 
authority  might  yet  survive. 

"  Nearly  at  this  time  Gloucester  and  Burlington  adjusted  the  boundary  be- 
tween them,  as  appears  in  the  following  extract: — "At  a  court  held  at  Glou- 
cester on  the  first  day  of  4th  month,  1689,  the  Grand  Jury  having  information 
that  the  persons  formerly  appointed  by  the  proprietors  for  fixing  the  line  of  divi- 
sion between  the  counties  of  Burlington  and  Gloucester,  have  agreed  upon  a 
course  that  shall  determine  the  same ;  do  in  pursuance  thereof  order  that  upon 
the  seventeenth  day  of  this  instant,  the  said  line  shall  be  run,  and  that  Thomas 
Sharp  shall  be  Surveyor  for  the  doing  thereof.  And  also,  that  it's  judged  con- 
venient that  the  people  in  Burlington  county  may  have  advice  thereof,  that  they 
may  appear  to  see  that  affair  completed,  if  they  please.  To  all  which  the  bench 
assents  and  order  the  procedure  thereof  in  manner  above  said." 

Woodbury  Records,  given  by  Mickk,  p.  41. 
34 


266  RESUMPTION    OF    GOVERNMENT    IN    WEST   JERSEY. 

renewed;  the  former  basis  of  government  was  allowed  to  remain. 
In  1690,  John  Tatham  was  appointed  as  Deputy  Governor.18 
But  the  people  of  the  province,  as  was  the  case  in  East  Jersey  in 
regard  to  the  same  individual,  "scrupled  to  obey;"  the  Jacobite 
principles  of  the  Deputy  were  considered  so  objectionable  as  to 
warrant  a  refusal  to  acknowledge  his  authority.  The  source  also 
from  which  his  authority  was  derived,  may  possibly  have  formed 
a  part  of  the  objection.19  Directly  afterwards  Edward  Hunloke 
was  appointed,  who  continued  in  office  until  the  province  was 
passed  into  other  hands.20  Either  disheartened  by  the  difficulties 
he  had  experienced  or  tempted  by  an  offer  that  would  cover  the 
"disbursements"  he  had  made,  Coxe  resolved  in  the  following 
year  upon  a  sale  of  the  whole  of  his  interest  in  the  province.  He 
accordingly  made  an  agreement  in  the  year  1691  with  a  body 
composed  of  forty-eight  persons,  designated  by  the  name  of  the 
"West  Jersey  Society."  To  this  company  the  whole  of  the 
claim  of  Dr.  Coxe,  both  to  government,  and  property  was  con- 
veyed, he  receiving  therefor,  the  sum  of  nine  thousand  pounds 
sterling.  In  consequence  of  this  agreement,  the  West  Jersey 

18  The  period  of  the  appointment  of  this  officer  is  not  entirely  determined,  but 
it  is  believed  to  have  been  as  above  stated. 

18  Gordon  states  that  the  Deputy  was  rejected  by  the  Assembly,  but  at  this 
time  the  Assembly  was  suspended;  it  did  not  meet  until  1692- 

»  Hunloke  appears  to  have  continued  in  office  after  the  sale,  either  by  suf- 
ference,  or  by  appointment  from  the  West  Jersey  Society.  In  March,  1692,  he 
presided  in  the  courts  of  Gloucester,  as  Deputy  Governor.  His  name  also  ap- 
pears as  a  presiding  officer  in  these  courts,  and  also  with  the  title  of  Deputy 
Governor,  in  December,  1692,  and  in  September,  1694,  which  periods  were 
subsequent  to  the  appointment  and  the  arrival  of  Governor  Hamilton.  He  has 
hence  been  represented  by  different  authors,  as  holding  the  appointment  of 
Deputy  Governor  as  late  as  1694,  which  could  not  possibly  have  been  the  case, 
unless  by  an  appointment  from  Governor  Hamilton,  and  there  is  nothing  what- 
ever to  favor  the  opinion  that  such  an  appointment  was  made  by  him.  But  in 
the  records  of  the  above  court,  it  is  stated  at  the  later  periods  above  mentioned, 
that  Edward  Hunloke,  Deputy  Governor,  was  present,  and  that  a  commission 
from  the  Governor,  appointing  Edward  Hunloke,  John  Tatham  and  others, 
Justices  of  the  Peace,  was  then  read.  Hence  there  is  reason  to  believe  that 
Hunloke  appeared  on  these  occasions,  merely  as  a  judicial  officer,  and  that  the 
title  of  Deputy  Governor  was  only  continued  by  courtesy.  It  is  certain  that  at 
a  still  later  period  he  was  appointed  one  of  the  provincial  judges. 


RESUMPTION    OF    GOVERNMENT    IN    WEST    JERSEY.  267 

Society  assumed  political  power  in  the  province.  They  set  forth 
that  "the  hereditary  government  of  the  province  of  West  New 
Jersey,  in  America,  which  by  due  and  legal  right  was  vested  in 
Daniel  Coxe,  Esq.,  by  conveyance  duly  executed,  hath  been  by 
him  assigned  and  transferred  to  us."  In  pursuance  of  this  claim 
the  society  appointed  a  committee  consisting  of  ten  persons,  to 
whom  authority  was  given  to  nominate  and  appoint  a  Deputy 
Governor  for  the  "well  ordering  and  governing  the  province."21 
On  the  llth  of  April,  1692,  the  committee  appointed  Andrew 
Hamilton  to  be  Governor,  and  issued  their  commission  to  him  as 
such.22  He  was  to  continue  in  office  for  one  year,  and  until  a 
successor  should  be  appointed.  Hamilton  arrived  in  the  latter 
part  of  the  same  year,  and  entered  at  once  upon  office.  The 
character  for  prudence  and  moderation  which  the  present  incum- 
bent had  gained  in  the  neighboring  province,  together  with  the 
obvious  disadvantage  of  a  continuance  in  the  unsettled  condition 
existing  at  the  time,  may  be  supposed  to  have  influenced  the  people 
to  acquiescence  in  the  appointment,  and  to  submit  to  the  authority 
of  Hamilton.  On  the  3d  of  November,  1692,  the  General  Assem- 
bly was  convened,  and  legislation  was  again  resumed,  being  carried 
on  in  the  name  of  "the  Governor,  Council,  and  Representatives  of 
the  province."23  At  this  session  several  important  enactments 
were  made.  The  past  proceedings  of  the  people  in  relation  to  the 
establishment  of  county  divisions,  were  recognized  and  confirmed, 
only,  that  some  alteration  of  limits  was  made.  The  boundary 
between  the  counties  of  Burlington  and  Gloucester  was  laid  down 
anew,  which  it  was  said,  was  to  remain  "fixed,  and  recorded, 
firm,  and  inviolable,  from  henceforth  and  forever."  This  "  in- 


31  The  committee  were  Thomas  Lane,  Robert  Hackshaw,  James  St.  John, 
Daniel  Coxe,  John  Jurin,  Edmund  Harrison,  John  Bridges,  Mord.  Abbott, 
William  Wrightman,  and  Robert  Michel. 

Book  B  of  Deeds  in  the  office  of  the  Secretary  of  State,  Trentoii,  p.  287. 

M  Nearly  at  the  same  time  Hamilton  was  appointed  Governor  of  Ea-st  Jersey, 
his  commission  to  that  office  being  given  on  the  25th  of  March,  in  the  same 
year. 

03  From  some  references  in  the  proceedings  of  the  Assembly,  it  would  appear 
that  a  sitting  had  been  held  in  May,  preceding,  but  no  further  record  thereof 
exists. 


268  RESUMPTION    OF    GOVERNMENT    IN    WEST    JERSEY. 

violable"  boundary,  however,  was  wholly  removed  at  the  next 
sitting  of  the  Assembly,  by  the  entire  repeal  of  the  act.  A  new 
county  was  also  established.  Cape  May  "being  a  place  well 
situated  for  trade,  and  settled  by  a  considerable  number  of  fami- 
lies," was  erected  into  a  county,  to  be  called  the  county  of  Cape 
May.  Courts  for  the  trial  of  small  causes  were  to  be  held  in  the 
new  division ;  but  higher  cases  were  to  be  heard  in  the  Sessions, 
in  Salem.  At  the  next  meeting  of  the  Legislature,  Cape  May 
was  more  fully  admitted  to  the  dignities  and  privileges  of  a  county, 
by  the  institution  of  county  courts  within  its  limits,  but  the  juris- 
diction of  these  courts  was  limited  to  the  trial  of  civil  actions  un- 
der the  sum  of  twenty  pounds  ;  at  a  subsequent  period,  however, 
(1697,)  this  restriction  was  also  removed.  An  enactment  was 
passed  for  raising  money  by  an  assessment  upon  persons,  for  dis- 
charging public  debts,  and  for  paying  the  Governor.24  The  sum 
of  two  shillings  was  to  be  levied  upon  every  person  resident  in  the 
province,  who  was  sixteen  years  old  and  upward.  New  provisions 
were  made  in  relation  to  the  sessions  of  the  General  Assembly;  it 
was  directed  that  thenceforward,  instead  of  two  yearly  sessions,  one, 
only,  should  be  held,  unless  there  should  be  an  "immergent  occa- 
sion" when  the  Governor  and  Council  might  order  a  meeting.  In 
1694,  further  regulations  were  made  for  determing  the  boundaries  of 
the  several  counties.25  In  consequence  of  the  establishment  of  these 

*  It  was  said  that  they  were  "desirous  to  present  our  Governor  with  one 
hundred  pounds." 

M  The  two  distinctions  or  divisions  formerly  called  the  first  and  second  tenths, 
were  laid  into  one  county,  named,  and  to  be  called  the  county  of  Burlington, 
to  extend  from  the  River  Derwent,  formerly  called  Sunpink,  on  the  north,  to  the 
River  Crapwell,  formerly  called  Pensawkin,  on  the  south.  All  persons  above 
the  Sunpink  were  placed  under  the  jurisdiction  of  Burlington,  until  the  further 
orders  of  the  Assembly.  The  two  divisions  heretofore  called  the  third  and  fourth 
tenths  were  laid  into  a  county  to  be  called  the  county  of  Gloucester,  to  extend 
from  the  River  Crapwell  or  Pensawkin,  on  the  north,  to  the  River  Berkely, 
formerly  called  Oldman's  Creek,  on  the  south.  The  country  formerly  included 
within  the  jurisdiction  of  Salem  Court,  was  declared  a  county,  to  be  named  the 
county  of  Salem,  to  extend  from  the  River  Berkely  on  the  north,  to  the  River 
Tweed,  formerly  called  Back  Creek,  on  the  south.  Cape  May  was  to  extend 
from  a  line  across  the  province  formed  by  the  Prince  Maurice  River  on  the  one 
side,  and  the  middlemost  great  river  that  runs  into  the  Bay  of  Great  Harbor, 


RESUMPTION    OF    GOVERNMENT    IN    WEST    JERSEY.  269 

divisions,  other  provisions  became  necessary  for  the  election  of 
Representatives  to  the  General  Assembly.  Hitherto  they  had 
been  elected  in  the  several  tenths,  henceforward  they  were  to  be 
chosen  in  the  counties.  The  times  and  places  for  holding  the 
county  elections  were  prescribed,  and  also  the  number  of  Repre- 
sentatives to  be  chosen  in  each.  Burlington  was  to  have  twenty, 
Gloucester  twenty,  Salem  ten,  and  Cape  May  five.  The  electors 
were  to  be  the  freeholders  within  the  respective  counties,  but  no 
other  qualifications  were  required  in  the  case  of  the  Representa- 
tives, except  that  they  should  be  "good  and  sufficient  men."26 
Authority  was  given  by  enactment  to  raise  money  for  county  pur- 
poses ;  the  levy  was  to  be  ordered  by  the  Justices  of  the  county 
courts,  or  a  quorum  of  them,  with  the  assistance  of  the  Grand 
Jury,  at  their  respective  Courts  of  Quarter  Sessions.27  All  the 
officers  of  the  county,  however,  as  had  formerly  been  the  case  in 
the  tenths,  were  to  be  appointed  by  the  Legislature,  including  the 
Justices,  Clerk  and  Recorder,  Attorney,  Sheriff,  and  Coroner;  and 
the  fees  of  these  several  officers  were  fully  prescribed.  By  an 
enactment  made  in  1696,  provision  was  made  for  the  permanent 
support  of  the  government  by  assessments  upon  real  and  personal 
property.  In  carrying  out  the  object,  warrants  were  to  be  issued 
by  the  County  Courts  to  the  Constable  of  each  precinct,  who 
should  warn  and  require  the  inhabitants  within  their  respective 
precincts,  to  meet  on  a  certain  appointed  day,  and  choose  Asses- 
sors and  Collectors  of  taxes,  and  also  to  render  an  account  of  pro- 
perty. The  rates  of  assessment  were  determined  by  law.  The 
several  Collectors  were  to  pay  in  the  amount  received  by  them, 
to  the  Provincial  Treasurer;  and  the  whole  was  required  to  be 
paid  in  current  silver  money.  Out  of  the  amount  thus  collected, 
the  sum  of  two  hundred  pounds  was  to  be  paid  to  the  Governor, 

on  the  other  side,  and  then  along  a  line  by  the  ocean,  and  the  Bay  of  Delaware. 
The  people  settled  on  Egg  Harbor,  out  of  the  limits  above  mentioned,  were  to 
be  included  in  Gloucester,  by  which  provision  the  jurisdiction  of  the  latter  county 
was  extended  from  the  Delaware  to  the  ocean.  The  territorial  extent  of  the 
counties  in  an  eastern  direction  was  not  laid  down. 

*  By  a  subsequent  enactment  they  were  required  to  be  "  freeholders." 
"  In  Gloucester,  under  its  independent  organization,  taxes  were  levied  by  the 
Grand  Jury  alone,  and  this  power  was  exercised  with  a  good  degree  of  freedom. 


270  RESUMPTION    OF    GOVERNMENT    IN    WEST    JERSEY. 

and  the  remainder  to  be  and  continue  in  the  hands  of  the  Treasurer, 
at  the  disposal  of  the  Assembly.  By  a  subsequent  enactment,  the 
course  of  procedure  above  mentioned  was  changed;  the  inhabitants 
in  some  of  the  precincts  neglecting  or  refusing  to  elect  the  officers, 
and  the  officers  when  chosen,  neglecting  or  refusing  to  perform 
the  duties  assigned  to  them,  the  Assessors  and  Collectors  were 
appointed  by  the  Assembly. 

The  religious  opinions  and  views  prevailing  in  the  province 
were  indicated  by  an  enactment  of  the  same  year.  "  Some  per- 
sons, out  of  a  principle  of  conscience,  not  having  freedom  to 
take  oaths,"  it  was  enacted,  that  they  should  not  on  that  ac- 
count be  disabled  or  incapacitated  from  holding  any  office  within 
the  province,  or  be  excluded  from  any  right  or  privilege,  he  or 
they  signing  the  declaration  of  fidelity,  and  profession  of  the 
Christian  faith.28 

A  good  degree  of  order  and  harmony  was  now  established  in 
the  province.  Governor  Hamilton  conducted  himself  in  the  office 
committed  to  him,  -in  such  a  manner  as  to  conciliate  the  people  ; 
in  some  respects  his  appointment  proved  to  be  a  wise  and  fortunate 
measure.  It  tended  however,  to  involve  the  province,  in  some 
degree,  in  the  difficulties  which  occurred  in  the  neighboring  pro- 
vince. In  the  history  of  East  Jersey,  the  removal  of  Hamilton 
from  office  by  the  proprietors,  in  1697,  with  the  reasons  that  led 
to  that  step,  were  noticed  at  length.  The  proprietary  authorities 
in  West  Jersey  appear  to  have  acquiesced,  and  perhaps  directly 

28  The  declaration  was  as  follows:  —  "I  do  sincerely  promise  and  solemnly 
declare,  that  I  will  be  true  and  faithful  to  \Yilliam,  King  of  England,  and  the 
government  of  this  province  of  West  New  Jersey,  and  I  do  solemnly  profess 
and  declare,  that  I  do  from  my  heart  abhor,  detest  and  renounce  as  impious  and 
heretical  that  damnable  doctrine  and  position  that  princes  ex-communicated,  or 
deprived  by  the  Pope,  or  any  authority  of  the  See  of  Rome  may  be  deprived  or 
murdered  by  their  subjects  or  any  other  whatsoever.  And  I  also  declare,  that 
no  foreign  prince,  person,  prelate,  state  or  potentate  hath,  or  ought  to  have  any 
power,  jurisdiction,  superiority,  preeminence  or  authority,  ecclesiastical  or 
spiritual,  with  this  province."  The  profession  of  faith  was,  "I  profess  faith  in 
God  the  Father  and  in  Jesus  Christ  his  Eternal  Son  the  true  God,  and  in  the 
Holy  Spirit  one  God  blessed  for  ever  more,  and  do  acknowledge  the  Holy 
Scriptures  of  the  Old  and  New  Testament  to  be  given  by  divine  inspiration. 

Grants  and  GSNMMMM^  p.  549. 


RESUMPTION    OF    GOVERNMENT    IN    WEST    JERSEY,  271 

participated  in  that  procedure,  and  hence  the  office  of  Governor 
was  vacated  at  once  in  both  of  the  provinces.29 

Jeremiah  Basse,  the  successor  of  Hamilton,  was  appointed  by 
the  concurrent  action  of  the  proprietary  bodies  in  the  eastern  and 
western  provinces,  and  he  entered  upon  office  in  both,  nearly  at 
the  same  time.  But  in  the  latter  province,  his  administration, 
though  by  no  means  popular,  was  far  less  disturbed  than  in  the 
former.  No  actual  or  open  resistance  to  his  authority  was  made. 
The  objection  made  against  him  in  East  Jersey  on  account  of  the 
want  of  the  necessary  confirmation  of  his  commission  by  the  pro- 
prietary body,  did  not  apply  in  the  other  province.  The  lack 
of  Royal  approbation  was  not  strenuously  urged,  being  apparently 
regarded,  rather  as  a  formal,  than  as  an  essential  defect,  and  as 
no  occasion  for  the  active  interference  of  the  Deputy  in  the  affairs 
of  the  province  occurred,  there  was  at  least  a  negative  acquiescence 
in  his  rule.  But  the  fact  that  no  meeting  of  the  Assembly  took 
place  during  the  period  of  his  continuance  in  office,  may  perhaps 
be  considered  as  evidence  that  there  was  but  little  cordiality  and 
confidence  between  him  and  the  people.  It  is  also  stated  that 
manifestations  of  want  of  respect  were  frequently  exhibited  on 
occasions  of  his  presence  in  the  courts ;  that  officers  and  jurors 
could  scarcely  be  procured,  and  that  the  courts  did  little  more 
than  meet  and  adjourn.30 

At  the  departure  of  Governor  Basse  for  England,  in  consequence 
of  the  disturbances  which  had  occurred  in  East  Jersey,  Andrew 
Bowne  was  left  in  office  as  Deputy,  but  if  the  authority  of  this 
officer  was  designed  to  extend,  and  did  extend  to  the  western 
province,  it  was  so  slightly  exercised,  or  so  little  regarded,  that 
no  trace  of  its  operation  is  known  to  exist.  The  re-appointment 
of  Andrew  Hamilton  in  1699,  brought  him  again  into  West  Jersey, 
the  proprietary  or  governing  body  of  that  province,  agreeing  and 
acting  in  the  measure.31  The  Governor  was  well  received  and 


29  In  a  joint  representation  afterwards  made  by  a  number  of  the  proprietors 
of  East  and  West  Jersey,  the  removal  of  Hamilton  is  referred  to,  as  the  act  of 
the  proprietors  of  both  provinces.  Grants  and  Concessions,  p.  592. 

30  Barber  and  Howe,  p.  208. 
"  The  West  Jersey  Society  were  the  actors  in  these  proceedings. 


272  FINAL    SURRENDER. 

the  Assembly  continued  to  hold  regular  sittings ;  no  interruption 
occurred  in  the  transaction  of  business,  or  in  the  appearance  of 
harmony  between  the  different  branches  of  government.  The 
salary  of  the  Governor  was  raised  to  three  hundred  pounds,  which 
was  to  be  presented  and  given  to  him  "  in  token  of  our  good  will 
and  affection  toward  him."  The  "decency  and  order"  of  the 
people  of  the  province  were  appreciated  by  Governor  Hamilton, 
and  were  considered  by  him  as  forming  a  "good  example"  for 
the  authorities  and  inhabitants  of  East  Jersey,  where  the  condi- 
tion of  affairs  was  extremely  different.  But  this  state  of  quietness 
was  not"  long  continued.  The  want  of  the  approbation  of  the 
King  to  Hamilton's  commission,  afforded  a  cause  or  a  pretence 
for  opposition,  which  in  East  Jersey  arose  to  such  a  height  as  to 
threaten  the  subversion  of  the  government.  And  some  of  the  in- 
habitants in  that  province,  as  has  been  seen,  petitioned  the  King 
that  he  would  be  pleased  to  appoint  a  person  who  was  qualified 
according  to  law,  to  be  Governor. 

The  proprietors,  threatened  on  the  one  hand  by  a  trial  at  law 
conducted  under  Royal  authority,  and  alarmed  on  the  other,  by 
the  disturbances  in  the  province,  were  meditating  a  surrender  of 
the  government.33  In  West  Jersey,  if  the  same  difficulties  did 
not  exist  at  the  time,  owing  to  the  absence  of  some  of  the  causes 
which  operated  in  the  other  province,  there  was  yet  but  little 
assurance  for  the  future.  There  also  the  right  of  the  proprietors 
to  the  government  was  to  be  contested  by  his  Majesty,  and  it 
might  also  be  brought  into  question,  as  it  had  formerly  been,  by 
the  people  of  the  province.  Hence  the  holders  of  authority  here 
were  likewise  disposed,  if  satisfactory  conditions  could  be  made, 
to  yield  up  the  government.  But  in  the  interval  exertions  were  used 
to  remove  the  existing  grounds  of  complaint.  A  joint  petition  from 
the  proprietors  of  both  provinces  was  presented  to  the  Lords 
Chief  Justices  of  England.  The  petitioners  set  forth  that  they 
had  been  legally  entitled  to  the  government  of  these  provinces 
and  in  the  exercise  thereof,  had  appointed  Governors  there,  and 
among  others  had  given  a  commission  to  Colonel  Andrew  Hamil- 
ton, who  had  administered  the  government  to  general  satisfaction ; 

"Note  in  Whitehead,  p.  225. 


FINAL  SURRENDER.  273 

but  as  some  doubt  had  arisen  whether  a  native  of  Scotland  could 
properly  serve,  according  to  an  act  of  Parliament,  applying  to 
Provincial  Governors,  they  had,  to  remove  all  cause  or  colour  of 
offence,  removed  the  said  Hamilton  from  office,  and  had  appointed 
one  Jeremiah  Basse  in  his  place.  But  as  the  latter  had  not  such 
full  confirmation  of  his  powers,  as  was  thought  necessary,  and 
being  informed  that  the  former  Governor,  Hamilton,  was  not  dis- 
qualified on  account  of  his  being  a  native  of  Scotland,  they  again 
appointed  him  to  office.  But  then,  upon  applying  for  a  con- 
firmation they  had  learned  that  their  right  to  the  government 
was  to  be  controverted,  and  that  the  approbation  of  the  King  could 
not  be  obtained,  but  that  the  Lords  of  trade  and  plantations  were 
of  opinion  that  a  commission  might  be  given,  and  that  the 
Governor  might  safely  act  in  the  interim ;  and  he  had  accordingly 
gone  to  the  province  and  re-assumed  the  government.  But  some 
turbulent  persons  impatient  of  any  government,  had  opposed  the 
Governor's  administration  because  his  commission  had  not  been 
approved  according  to  the  letter  of  the  act,  and  that  the  public 
peace  was  violated  and  public  justice  obstructed.  The  petitioners 
declared  that  they  were  ready  to  surrender  all  their  rights  of  go- 
vernment to  his  Majesty  upon  such  terms  and  conditions  as  would 
secure  their  properties  and  civil  interests,  but  besought,  that  until 
such  forms  could  be  agreed  upon,  for  the  preservation  of  order 
and  quiet  in  the  provinces,  Colonel  Hamilton  might  be  confirmed 
in  office  as  Governor.  The  prayer  of  the  petitioners  was  not 
successful,  no  concession  in  regard  to  the  Governor  was  obtained. 

It  would  appear  from  the  above  petition  that  the  proprietors  in 
both  provinces  were  fully  disposed  to  surrender  the  government, 
provided  the  terms  could  be  satisfactorily  adjusted,  and  this  was 
the  matter  to  which  attention  was  now  particularly  turned.  In 
their  first  proposal  it  was  asked  by  the  proprietary  body  of  East 
Jersey  that  their  rights  to  the  lands  and  soil  of  the  province  should 
be  secured ;  that  Perth  Amboy  should  be  established  as  a  port,  not 
subject  to  any  other,  but  paying  the  same  or  like  customs  as  were 
payable  in  New  York;  to  have  free  liberty  to  trade  with  the 
natives  or  other  people  of  America,  without  interruption ;  and  to 
have  the  exclusive  right  of  purchasing  lands  from  the  Indians. 
They  also  asked  that  the  regular  administration  of  justice  might 
35 


274  FINAL    SURRENDER. 

be  continued  in  the  province,  so  that  the  people  might  not  be 
taken,  or  be  obliged  to  attend  elsewhere ;  that  the  divisions  of  the 
province  into  counties  should  remain  as  before,  and  that  the  in- 
habitants should  not  be  deprived  of  any  of  their  civil  and  religious 
privileges  and  rights.  The  Lords  of  trade  and  plantations  ex- 
pressed a  willingness  to  accede  to  some  of  the  conditions  proposed, 
but  decidedly  objected  to  others.33  A  modification  of  some  of  the 
terms  was  proposed  which  might  render  them  less  objectionable, 
but  a  principal  one,  that  which  related  to  the  establishment  of 
ports,  was  virtually  rejected:  it  was  said  that  his  Majesty  might 
accede  to  it  with  certain.';"  reasonable  conditions,"  but  that  it  would 
be  improper  for  his  JVJajesty  to  oblige  himself  to  a  compliance 
therewith.34  This  was  deemed  by  the  proprietors  to  be  an  impor- 
tant point,  and  in  a  second  communication  they  stated,  that  they 
were  surprised  at  the  dubious  answer  of  their  Lordships  concerning 
the  establishment  of  a  port  at  Perth  Amboy;  that  they  had  sup- 
posed that  the  principal  objection  to  the  allowance  of  a  port  in  East 
Jersey  arose  from  the  non-payment  of  customs  there,  and  the 
detriment  done  thereby  to  New  York,  which  objection  it  was 
thought  would  be  removed  by  the  offer  to  pay  the  same  customs 
as  were  payable  at  New  York;  and  they  considered  themselves 
to  be  equally  entitled  to  his  Majesty's  favor  and  protection,  and 
to  the  enjoyment  of  privileges  in  trade  as  others.  They  also 
stated,  that  the  obtaining  a  port  to  be  continued  forever  was  their 
main  inducement  to  consent  to  a  surrender  of  their  government; 
that  this  was  the  only  thing  which  could  make  the  province  of 
any  value  to  the  proprietors,  or  give  them  hopes  of  re-imbursing 
their  purchase  money  and  other  expenses,  and  that  if  this  privilege 
could  not  be  allowed,  the  proprietors  could  not  be  accessary  to 
their  own  ruin  by  a  voluntary  surrender;  but  must  endeavour  to 
vindicate  their  rights  in  a  legal  manner.  But  they  mentioned  that 
if  the  condition  in  respect  to  a  port  should  be  granted,  little  diffi- 
culty would  be  made  in  adjusting  the  other  particulars.  It  is  not 
easy  to  perceive  what  were  the  reasons  of  the  opposition  to  this 

*  "The  Lords  Commissioners  of  Trade  and  Plantations,"  were  a  board  estab- 
lished by  King  William  soon  after  his  accession,  for  directing  the  afiairs  of  the 

colonies. 

34  Grants  and  Concessions,  p.  594. 


FINAL    SURRENDER.  275 

particular  demand  of  the  proprietors ;  upon  the  conditions  pro- 
posed, the  grant  could  not  have  operated  to  the  lessening  of  his 
Majesty's  revenues.  But  the  interest  of  New  York,  which  might 
have  been  affected  by  the  establishment  of  a  port  upon  any  con- 
ditions, in  East  Jersey,  may  possibly  have  still  been  urged  as  of 
superior  importance.  His  Majesty  had  been  willing  to  favor 
New  York  at  the  expense  of  the  neighboring  province,  and  had 
given  instructions  which  tended  to  such  a  result.  A  trial  too  was 
then  pending,  conducted  as  between  the  authorities  of  New  Jersey 
and  New  York,  in  which  the  privileges  of  the  former  in  regard  to 
ports  were  in  issue.33  These  privileges  were  afterwards  confirmed, 
but  with  little  benefit  to  the  gaining  party:  the  decision  substan- 
tiated the  claims  of  New  Jersey  under  its  own  government; 
but  it  did  not  delay,  indeed  it  may  only  have  hastened,  the  move- 
ment which  was  directed  by  his  Majesty's  order,  against  the 
government  itself.  This,  the  proprietors  probably  perceived,  and 
hence  their  inclinations  respecting  a  surrender  of  the  government 
upon  suitable  terms  were  not  changed  by  the  decision.  A  new 
memorial  from  the  proprietors  of  East  and  West  New  Jersey 
was  soon  afterward  prepared.  They  now  set  forth  that  though 
they  were  advised  that  their  rights  to  ports  and  their  administra- 
tion of  government  in  their  respective  provinces  was  fully  asserted 
in  the  late  trial  in  the  Court  of  King's  Bench,  yet  they  were  still 
prepared  and  were  desirous  to  surrender  the  right  of  government; 
in  hope  and  confidence  that  as  his  Majesty's  Royal  wisdom  had 
prompted  him  to  resume  the.  proprietary  governments  into  his 
own  hands,  his  justice  and  goodness  would  incline  him  to  grant  all 
reasonable  privileges  and  rights.  They  proposed  and  prayed  that 
his  Majesty  would  confirm  their  lands  and  quit-rents;  the  sole 
power  of  purchasing  lands  from  the  Indians ;  liberty  of  trading 
with  the  Indians  as  was  enjoyed  in  other  provinces ;  that  the  Port 
of  Perth  Amboy,  in  East  Jersey,  and  the  ports,  of  Burlington 
and  Cohansie,  in  West  Jersey,  might  be  established  forever,  so 
that  no  ships  bound  to  those  places,  should  be  obliged  to  enter 

35  The  suit  arose  out  of  occurrences  which  took  place  when  Basse  was  Gover- 
nor of  East  Jersey,  and  Lord  Bellamont  of  New  York,  and  the  suit  was  nomi- 
nally between  them.  The  particular  cause  was  the  seizure  of  the  vessel  by  the 
Governor  of  New  York,  which  has  heretofore  been  noticed. 


276  FINAL    SURRENDER. 

elsewhere,  and  that  East  and  West  New  Jersey  might  be  erected 
into  one  distinct  government,  and  have  one  General  Assembly. 
They  proposed  that  the  General  Assembly  should  consist  of  thirty- 
six  Representatives,  to  be  chosen,  two  by  the  inhabitants,  house- 
holders of  the  city  or  town  of  Perth  Amboy,  in  East  Jersey;  two 
by  the  inhabitants,  householders  of  the  city  or  town  of  Burlington, 
in  West  Jersey;  sixteen  by  the  freeholders  of  East  Jersey,  and 
sixteen  by  the  freeholders  of  Wfcst  Jersey;  but  that  no  person 
should  be  capable  of  being  elected  a  Representative  who  should 
not  have  one  thousand  acres  of  land  in  his  own  right  within  the 
province  for  which  he  was  chosen,  and  no  freeholder  be  capable 
of  electing  who  should  not  have  one  hundred  acres  of  land.  They 
asked  that  no  appeals  to  the  King  should  lie,  in  personal  actions, 
in  cases  of  less  than  two  hundred  pounds ;  that  all  Protestants 
should  be  exempt  from  all  personal  laws  relating  to  religion ;  and 
that  the  proprietors  might  be  allowed  to  nominate  the  first  Gover- 
nor.36 Following  upon  this  memorial  was  a  representation  from 
the  Lords  of  trade,  to  their  Excellencies  the  Lords  Justices.  In 
this,  a  recital  was  given  of  the  several  grants  upon  which  the  titles 
and  claims  of  the  proprietors  were  founded,  and  also  of  the  diffi- 
culties and  differences  that  had  occurred  in  the  provinces.  Their 
Lordships  doubted  whether  any  sufficient  form  of  government  had 
ever  been  settled,  and  that  the  "pretended  right"  to  govern  had 
been  surrendered  to  his  late  Majesty  King  James,  by  the  pro- 
prietors of  East  Jersey,37  in  the  year  1688.  But  that  since  his 
present  Majesty's  accession,  the  proprietors  of  both  East  and 
West  Jersey  had  continued  to  challenge  the  same  right  as  before, 
and  that  several  Governors  had  been  appointed  under  their  au- 
thority. But  that  the  people  of  East  Jersey  in  a  late  petition  to 
his  Majesty,  had  complained  of  several  grievances,  and  of  the 
neglect  and  mismanagement  of  the  proprietors ;  and  that  it  ap- 
peared from  divers  representations,  that  the  provinces  were  in  a 
state  of  confusion  and  anarchy.  That  the  proprietors  themselves, 
or  a  number  of  them,  sensible  of  the  necessity  of  his  Majesty's 
authority,  had  presented  memorials,  in  which,  though  the  memo- 


6 This  memorial  was  dated  August  12th,  1701.  Grants  and  Concessions,]).  601. 
31  The  surrender  in  West  Jersey  was  not  mentioned. 


FINAL    SURRENDER.  277 

rialists  "seemed"  to  assert  a  title  to  government,  yet  declared 
themselves  willing  to  surrender  the  same  to  his  Majesty  upon  such 
terms  and  conditions  as  would  secure  their  civil  interests  and  their 
property,  and  also  that  the  proprietors  of  East  Jersey  residing  in 
the  province,  had  sent  over  an  agent  and  attorney  with  authority 
to  offer  an  absolute  and  unconditional  surrender  so  far  as  they 
were  capable  of  making  it.38  That  it  was  the  desire  of  several 
of  the  proprietors,  that  the  Governor  in  office,  Colonel  Hamilton, 
might  be  confirmed  therein,  until  further  measures  could  be  taken, 
but  that  others  opposed  his  confirmation.  Their  Lordships  then 
stated,  that  they  were  not  satisfied  that  the  grants  that  had  been 
made  by  the  Duke  of  York  to  the  proprietors,  being  without  any 
direct  and  immediate  authority  from  the  Crown,  were,  or  could 
be  of  any  validity  to  convey  a  right  of  government,  that  being  (as 
they  were  informed)  inalienable  and  not  to  be  assigned  to  any 
other,  much  less  divided  and  subdivided ;  and  that  for  this  reason 
they  had  advised  his  Majesty  that  a  trial  should  be  had  in  West- 
minster Hall,  in  order  to  test  the  right  in  question.  But  as  no 
determination  had  yet  been  made,  and  as  the  provinces  had  fallen 
into  such  disorder  and  confusion  that  the  public  peace,  and  the 
administration  of  justice  were  interrupted  and  violated,  they  were 
of  opinion  that  it  was  very  expedient  for  the  preservation  of  those 
territories  to  the  Crown,  and  for  securing  the  private  interests  of 
the  persons  concerned,  that  his  Majesty  should  constitute  a 
Governor  by  his  immediate  commission,  and  that  a  regular  con- 
stitution of  government  should  be  established.  They  also  recom- 
mended that  draughts  of  such  commission  and  constitution  might 
be  prepared,  that  they  might  be  shown  to  the  proprietors,  in  order 
to  their  acquiescence,  and  to  the  surrender  of  their  "pretended 
right  of  government"  in  such  manner  as  might  be  effectual  in 
law.39  As  a  mere  historical  summary,  this  memorial  from  their 
Lordships  may  not  be  open  to  serious  objection.  But  in  other 
respects,  the  view  it  presented  was  far  from  correct.  The  allega- 
tions in  regard  to  the  insufficiency  of  the  grants  from  the  Duke  of 
York  were  wholly  unfounded.  The  King  of  England  had  con- 


No  mention  is  elsewhere  made  of  such  a  proposal. 
*  Grants  and  Concessions,  p.  603. 


278  FINAL    SURRENDER. 

veyed  the  country  to  the  Duke  and  in  a  manner  that  was  war- 
ranted by  the  customs  of  the  realm;  he  had  conferred  upon  him 
proprietary  rights  arid  authority,  in  accordance  with  established 
usage,  he  made  the  property  and  the  power  he  granted,  transfer- 
able to  "heirs,  deputies,  agents,  commissioners  and  assigns." 
To  allege  that  the  right  of  government  held  under  such  a  grant, 
was  "inalienable  from  the  person  to  whom  it  is  given,"  was 
little  short  of  maintaining  a  direct  contradiction.  If  there  was 
any  defect,  it  must  have  been  in  the  right  of  the  King  to  make 
such  a  conveyance;  but,  as  has  just  been  remarked,  he  was 
warranted  in  the  act  by  established  custom.  It  is  probable, 
however,  that  the  allegation  above  mentioned  was  no  more  than  a 
mere  pretence.  The  privileges  held  and  claimed  by  the  proprie- 
tors, were  thought  to  be  detrimental  to  his  Majesty's  interests, 
especially  the  privilege  of  ports;  and  to  enable  his  Majesty  to  re- 
sume authority,  either  by  forcing  the  proprietors  to  make  some 
concessions,  or  otherwise,  to  deprive  them  of  the  government 
entirely,  may  be  supposed  to  have  been  the  real  motive  that 
prompted  the  proceeding.  The  memorial,  too  was  somewhat  dis- 
engenuous  in  the  statement,  that  no  sufficient  form  of  government 
had  ever  been  settled  in  the  provinces,  and  also  in  relation  to  the 
circumstances  of  the  former  surrender  of  government,  and  of  those 
which  caused  the  present  proposal  to  surrender.  In  regard  to  the 
present  proposal,  the  measure  which  the  Lords  Commissioners 
had  recommended,  to  "test"  the  proprietary  rights,  was  no  doubt 
productive,  in  part,  of  the  expected  effect.  It  evidently  put  the  go- 
vernment in  jeopardy,  for  though  the  apparent  ground  of  the  pro- 
ceeding seemed  wholly  untenable,  yet,  in  the  disposition  that  then 
prevailed  the  issue  of  a  trial  was  doubtful;  and  a  surrender  upon 
determined  conditions,  was  probably  considered  a  more  prudent 
course,  than  to  incur  the  hazard  of  a  decision  by  law.  The  con- 
fusion and  disorder  prevailing  in  East  Jersey  was  also  a  principal 
motive  to  the  measure.  If  the  government  could  be  saved  to  the 
proprietors  in  a  decision  by  law,  it  might  still  be  taken  by  violence 
and  force.  Many  of  the  people  were  resolved  to  resist  any  rule 
which  should  call  in  question  their  titles  to  land,  and  demand  the 
payment  of  rents;  and  numbers,  who  had  hitherto  been  quiet, 
making  an  advantage  of  the  confusion  of  the  times,  we're  taking 


FINAL    SURRENDER.  279 

up  lands  upon  the  Indian  right,  and  thus  arraying  themselves  in 
opposition  to  government.  Difficulties  too,  had  occurred  in  the 
administration  of  government,  which,  under  the  circumstances  of 
the  time,  the  proprietors  were  unable  to  remove,  and  thus  new 
causes  or  occasions  of  dissension  had  arisen. 

In  West  Jersey  the  circumstances  were  so  far  similar  as  to  lead 
to  a  general  concurrence  of  action.  The  claim  to  government  in 
that  province  was  equally  involved  in  the  pending  trial.  The  actual 
internal  condition  of  the  province  was  far  more  favorable ;  it  was 
entirely  free  from  a  source  of  dissension  which  had  proved  most 
fruitful  in  the  other;  there  was  no  dispute  concerning  the  titles  to 
land,  all  the  lands  had  been  purchased  from  the  natives  by  the 
proprietors,  and  were  conveyed  by  them  to  the  people,  by  regular 
grams.  But  serious  difficulty  had  occurred  from  a  different  source. 
For  some  time  the  government  had  stood  upon  disputed  ground; 
the  people  were  not  now  in  active  opposition,  there  was  even  an 
appearance  of  satisfaction ;  yet,  as  the  nature  of  the  relations  be- 
tween the  people  and  the  claimants  and  possessors  of  power  con- 
tinued unchanged,  there  was  nothing  to  give  an  assurance  of  con- 
tinued tranquility.  An  additional  reason  operating  in  both  of  the 
provinces,  was  the  state  of  the  proprietary  bodies  themselves;  they 
were  divided  in  situation,  some  of  the  members  remaining  in 
England,  and  others  in  the  provinces,  and  this,  together  with  the 
increase  in  their  numbers,  and  the  consequent  division  of  interests 
and  of  views,  rendered  it  scarcely  possible  to  maintain  the  neces- 
sary union  and  concert  in  action. 

The  recommendations  contained  in  the  memorial  of  the  Lords 
of  trade  were  acceded  to,  and  carried  into  practice.  A  plan  of 
government  contained  in  a  commission  and  instructions  for  a 
Governor,  were  prepared,  by  order  of  their  Excellencies  the 
Lords  Justices,  and  were  offered  to  the  consideration  of  the  pro- 
prietors of  the  provinces,  and  received  their  unanimous  approval ; 
permission  was  also  given  to  them,  agreeably  to  their  request, 
to  name  a  person  to  be  appointed  by  the  King,  as  Governor; 
but  they  were  unable  to  agree  in  the  recommendation  of  any 
individual.  The  plan  of  government  was  also  submitted  to  the 
King  with  a  humble  request  from  the  Lords  of  trade,  that  his 
Majesty  would  be  pleased  to  confirm  it,  and  to  appoint  some 


280  FINAL    SURRENDER. 

person  as  Governor  who  was  wholly  unconcerned  in  the  fac- 
tions that  had  divided  and  distracted  the  provinces.40  The  arrange- 
ments for  the  contemplated  change  were  not  fully  completed  when 
the  death  of  William,  the  English  King,  which  occurred  in 
March,  1701-2,  suspended  the  proceedings.  But  soon  afterwards, 
upon  the  accession  of  Queen  Anne,  the  business  was  resumed 
and  was  quickly  perfected.  The  act  of  surrender  was  designated 
as  "The  Surrender  from  the  Proprietors  of  East  and  West 
New  Jersey,  of  their  pretended  right  of  Government,  to  her 
Majesty."  It  was  dated  April  15th,  1702.  In  this  instrument 
the  proprietors  of  the  said  provinces  surrendered  and  yielded  up 
"and  by  these  presents  do  surrender  and  yield  up  to  our  Sovereign 
Lady  Anne,  by  the  Grace  of  God,  Queen  of  England,  Scotland 
and  Ireland,  defender  of  the  faith,  all  the  powers,  authorities 
and  privileges  of,  or  concerning  the  provinces  aforesaid."  The 
act  was  signed  by  twenty-two  persons  for  the  eastern  province, 
and  by  thirty-two  for  the  western.  Two  days  afterwards  the 
government  was  formally  accepted  by  the  Queen,  at  the  Court  of 
St.  James',  in  the  presence  of  the  principal  persons  of  the  court, 
some  of  the  proprietors  themselves  presenting  the  instrument. 
Her  Majesty  then  gave  orders  that  the  deed  of  surrender  should 
be  enrolled  in  her  Majesty's  High  Court  of  Chancery. 

40  Smith's  New  Jersey,  p.  261. 


CHAPTER   XV 


NEW    CONSTITUTION    OF    GOVERNMENT. LORD    CORNBURY  S    ADMIN- 
ISTRATION. 

"THE  surrender  of  the  Jersies,"  said  William  Penn,  "is  an 
ugly  preface."  By  this  expression  he  probably  meant  to  convey 
the  idea  that  the  surrender  was  of  evil  augury,  in  regard  to  the 
interests  and  the  permanence  of  proprietary  governments.  But 
it  was  not  the  proprietary  or  governing  interest  alone,  that  was 
concerned  in  the  change ;  the  condition  of  the  people  at  large  was 
materially  affected  thereby.  It  has  been  seen  that  the  projected 
system  of  government  received  the  approval  of  the  proprietary 
bodies,  and  some  of  its  principal  provisions  appear  to  have  been 
adopted  upon  the  suggestions  they  made.  Whether  the  authority 
of  these  bodies  was  such  as  to  render  them  competent  to  dispose 
anew  of  the  rights  they  had  heretofore  granted;  whether  in  the 
act  of  surrender  the  privileges  formerly  enjoyed  by  ,the  people, 
were  placed  at  the  foot  of  the  throne,  to  be  re-granted  or  withheld 
according  to  the  royal  discretion  and  will,  are  questions  which 
might  admit  of  protracted  debate.  But  whether  as  a  measure  of 
right,  or  of  mere  authority,  the  new  Constitution  of  government 
was  at  once  established.  It  was  promulgated  on  the  16th  of 
November,  1702,  being  contained  in  a  commission  and  instructions 
given  to  Edward  Hyde,  Lord  Cornbury,  to  whom  its  administra- 
tion was  entrusted.1  Lord  Cornbury  was  appointed  as  Governor 
both  of  New  York  and  New  Jersey.  His  commission  in  the  lat- 
ter gave  him  the  style  of  "Captain  General  and  Governor-in- Chief 
in  and  over  the  province  of  Nova  Caesarea,  or  New  Jersey,  in 
America." 


1  Lord  Cornbury  had  been  proposed  as  Governor  before  the  death  of  King 
William,  but  received  his  appointment  from  Queen  Anne,  to  whom  he  was  re- 
lated ;  he  was  the  grandson  of  the  Earl  of  Clarendon. 
36 


282  NEW    CONSTITUTION    OF    GOVERNMENT. 

By  the  new  plan,  East  and  West  New  Jersey  were  fully 
united  and  incorporated  together  as  one  province,  and  made  sub- 
ject to  one  government.  The  government  of  the  province  of  New 
Jersey  was  to  be  vested  in  a  Governor,  Council  and  General  As- 
sembly. The  Governor  was  to  hold  office  at  the  pleasure  of  the 
Crown.  The  Council  were  appointed  by  the  same  authority, 
but  the  members  of  Council  might  be  suspended  for  just  cause, 
by  the  Governor,  who  might  also  nominate  to  office,  and  appoint 
members  to  serve  in  cases  of  death  or  absence,  subject  to  royal 
confirmation ;  but  the  number  could  not  be  augmented  or  lessened 
by  him.  The  General  Assembly  was  to  consist  (according  to  ad- 
ditional instructions  afterwards  given  by  the  Queen,)  of  twenty- 
four  Representatives,  to  be  chosen,  two  by  the  inhabitants  house- 
holders of  the  city  or  town  of  Perth  Amboy,  in  East  Jersey;  two 
by  the  freeholders  of  each  of  the  five  counties  of  the  said  division 
of  East  New  Jersey;  two  by  the  inhabitants,  freeholders,  for  the 
city  or  town  of  Burlington,  in  West  New  Jersey;  two  by  the  in- 
habitants, householders  of  the  town  of  Salem,  in  the  said  division, 
and  two  by  the  freeholders  of  each  of  the  four  counties  in  the  said 
division  of  West  New  Jersey.  No  person  could  be  elected  a 
Representative  who  had  not  a  freehold  estate  in  his  own  right,  of 
one  thousand  acres  of  land,  within  the  division  for  which  he 
should  be  chosen,  or  personal  estate  to  the  value  of  five  hundred 
pounds  sterling ;  nor  could  any  person  vote  in  an  election  for 
Representatives  who  should  not  be  possessed  of  a  freehold  estate 
in  his  own  right,  of  one  hundred  acres  of  land  within  the  county 
in  which  he  should  vote,  or  personal  estate  to  the  value  of  fifty 
pounds  sterling.  The  Assembly  was  to  be  called,  and  to  sit, 
alternately  at  Perth  Amboy,  in  East  New  Jersey,  and  at  Burling- 
ton, in  West  New  Jersey.2  The  number  of  the  members  of  the 
General  Assembly,  or  the  manner  of  choosing  them  was  not  to  be 
changed  except  by  an  act  of  the  Assembly,  and  confirmed  by 
Royal  approbation.  The  Representatives  chosen  were  to  take 
the  oaths  required  by  act  of  Parliament,  without  which  they  were 
not  to  be  capable  of  sitting.  The  Assembly  was  to  be  convened 

3  In  cases  of  "extraordinary  necessity,"  the  Governor,  with  the  advice  of  his 
Council,  might  appoint  the  meetings  differently. 


NEW    CONSTITUTION    OF    GOVERNMENT.  283 

by  the  authority  and  order  of  the  Governor,  with  the  advice  of  his 
Council,  from  time  to  time  as  need  should  require,  and  the  Gover- 
nor might  adjourn,  prorogue  or  dissolve  it  according  to  his  discre- 
tion. It  was  prescribed  that  in  enacting  laws,  the  style  used  should 
be,  "by  the  Governor,  Council  and  Assembly,"  and  full  power 
was  given  to  enact  all  laws,  statutes  and  ordinances,  for  the  peace, 
welfare  and  good  government  of  the  province;  such  laws  and 
statutes  not  being  repugnant  to,  but  as  near  as  may  be  agreeable 
to  the  laws  and  statutes  of  the  kingdom  of  England.3 

The  Governor  was  directed  to  propose  to  the  General  Assembly 
and  to  use  his  "utmost  endeavours"  with  them,  that  an  act  should 
be  passed  for  raising  and  settling  a  public  revenue,  for  defraying 
the  charges  of  government,  including  particularly  a  competent 
salary  for  himself  as  Captain  General  and  Governor-in-Chief  of 
the  province.  He  was  also  instructed,  in  order  to  the  quieting  the 
minds  of  the  people,  and  for  settling  the  properties  and  posses- 
sion of  all  persons,  either  proprietors  under  the  original  grant  of 
the  province,  or  purchasers  from  them,  to  propose  the  passing  of 
an  act  or  acts,  whereby  the  rights  and  property  of  the  proprietors 
of  the  soil  might  be  confirmed  to  them,  according  to  their  respec- 
tive rights  and  titles ;  together  will  all  quit-rents  that  have  been 
reserved  or  that  were,  or  should  become  due.  Care  was  to  be 
taken  that  no  other  persons  except  the  general  proprietors  or  their 
agents  should  be  permitted  to  purchase  any  land  whatsoever  from 
the  Indians  within  the  limits  of  their  grants,  and  the  Governor 
was  to  permit  the  Surveyors  and  other  persons  appointed  by  the 
general  proprietors  to  execute  their  respective  trusts,  and  if  neces- 
sary, to  give  them  assistance,  such  persons  taking  proper  oaths 
for  the  due  fulfilment  of  their  offices,  and  also  the  oaths  appointed 
by  acts  of  Parliament. 

In  settling  a  revenue,  it  was  to  be  proposed  to  the  Assembly 
that  such  customs  and  duties  should  be  laid  upon  commodities 
imported  and  exported,  as  were  laid  upon  similar  commodities  in 

3  It  was  also  provided  that  all  laws  of  what  nature  or  duration  soever,  should, 
within  three  months  or  sooner  after  the  making  thereof,  be  transmitted  for  ap- 
probation, and  all  such  as  were  not  approved,  and  the  approval  signified  under 
the  Royal  sign,  manual  and  signet,  or  by  order  of  the  Privy  Council,  should 
become  utterly  void,  and  no  effect. 


284 


NEW    CONSTITUTION    OF    GOVERNMENT. 


New  York.4  The  Governor  was  required  not  to  permit  any 
clause  to  be  inserted  in  any  law  for  levying  money,  or  the  value 
of  money,  whereby  the  same  should  not  be  made  liable  to  be  ac- 
counted for  in  England,  to  her  Majesty's  High  Treasurer,  or  the 
Commissioners  of  the  Treasury;  nor  to  suffer  any  public  money 
to  be  issued  or  disposed  of,  otherwise  than  by  warrant  under  his 
hand,  by  and  with  the  consent  of  the  Council. 

To  the  end,  that  nothing  should  be  done  "to  the  prejudice  of 
our  heirs  and  successors,"  it  was  ordained,  that  the  Governor 
should  enjoy  a  negative  power  in  making  and  passing  all  laws, 
statutes  and  ordinances.  He  was  also  empowered,  with  the  advice 
and  consent  of  the  Council,  to  erect,  constitute  and  establish  such 
and  so  many  courts  of  judicature  and  public  justice,  as  he  and  they 
might  think  fit  and  necessary,  and  to  determine  the  authorities, 
fees  and  privileges  belonging  to  them  ;  the  proceedings  in  these  par- 
ticulars being  subject  to  her  Majesty's  approval.  The  Governor 
was  also  authorized  to  appoint  Judges,  Justices  of  the  Peace,  and 
other  officers  for  the  administration  of  justice,  and  for  putting  the 
laws  in  execution.  He  might  pardon  all  offences  against  the 
laws,  (except  in  eases  of  treason  or  wilful  murder,  when  re- 
prieves only  could  be  granted,)  and  remit  all  forfeitures  and 
fines.  He  was  empowered  to  provide  for  the  defence  of  the  pro- 
vince, to  execute  martial  law  in  cases  of  invasion  or  insurrection, 
and  to  do  every  other  thing  that  might  of  right  appertain  to  the 
office  of  Captain  General  and  Governor-in-Chief.  In  case  of  the 
death  or  absence  of  the  Governor,  his  duties  were  to  be  performed 
by  a  Lieutenant  Governor,  commissioned  by  the  Crown,  and  if 
no  such  officer  should  be  in  the  province,  the  oldest  Councillor, 
whose  name  was  first  placed  upon  the  Governor's  instructions, 
should  take  upon  him  the  administration  of  government. 

Certain  general  provisions  in  relation  to  the  privileges  of  the 
people  were  also  contained  in  the  instructions.  No  man's  life, 
member,  freehold  or  goods,  should  be  taken  away,  otherwise  than 


4  It  was  ssaid  that  "the  trade  and  welfare  of  the  province  of  New  York  would 
be  greatly  prejudiced,  if  not  entirely  ruined,  by  allowing  to  the  inhabitants  of 
New  Jersey  any  exemption  from  those  charges  which  the  people  of  New  York 
were  liable  to." 


NEW    CONSTITUTION    OF    GOVERNMENT.  285 

by  established  and  known  laws,  and  liberty  of  conscience  was  to 
be  allowed  to  all  persons,  (except  Papists,)  who  should  conduct 
themselves  in  a  peaceable  and  quiet  manner  without  giving  offence 
or  scandal  to  the  government.  Those  persons  in  the  province 
who  made  a  religious  scruple  of  swearing,  were  to  be  relieved,  by 
allowing  them  to  take  a  solemn  affirmation  instead  of  an  oath. 
Due  encouragement  was  to  be  given  to  merchants  and  other 
traders,  and  especially  the  Royal  African  Company  of  England ; 
and  it  was  recommended  to  the  company  that  the  province  should 
be  constantly  supplied  with  "merchantable  Negroes,"  at  moderate 
rates.  Laws  should  be  passed  to  discourage  inhuman  severity 
against  Indians  and  Negroes,  and  the  best  means  were  to  be  used 
for  their  conversion  to  the  Christian  religion.  The  Governor 
was  to  take  care  that  God  Almighty  should  be  devoutly  and  duly 
served  throughout  his  government,  to  which  end,  a  special  form  of 
service,  with  the  doctrine  and  discipline  of  the  Church  of  England, 
was  to  be  encouraged  and  maintained. 

The  bearing  of  the  new  government  upon  the  condition  of  the 
parties  concerned,  may  be  readily  perceived.  The  former  pro- 
prietary bodies  had  lost  a  claim  to  authority  which  they  had 
scarcely  been  able,  if  greatly  desirous,  to  retain  and  enforce ;  but 
they  were  now  to  be  secured  under  royal  assurance  and  direction, 
in  the  enjoyment  of  property.  The  people  generally  gained  nothing 
whatever,  but  were  losers  in  many  particulars.  The  government 
was  far  less  favorable  to  popular  interests  and  rights  than  those 
which  had  previously  existed.  The  Representative  body  in  re- 
gard to  their  meetings  and  sittings  were  made  wholly  dependent 
upon  the  will  of  the  Governor.  The  establishment  of  courts  and 
the  determination  of  their  respective  powers,  with  the  salaries  and 
fees  of  the  officers  were  to  be  regulated  by  the  Governor  and 
Council;  the  people,  or  their  Representatives,  were  allowed 
scarcely  any  part  or  power  in  the  institution  and  control  of  the 
judiciary  department  of  government.  The  public  revenues  were 
to  be  raised  and  disposed  of,  under  strict  accountability  to  the 
Governor,  and  the  authorities  in  England ;  the  independent  action 
of  the  popular  Representatives  in  matters  of  revenue,  extended 
little  further  than  to  fix  and  determine  the  amount  of  grants.  The 
complete  religious  freedom  formerly  enjoyed,  was  reduced  to  an 


286  LORD    CttRNBURY's    ADMINISTRATION. 

imperfect  toleration.  Papists  were  wholly  excepted  from  the  grant 
of  liberty  of  conscience,  and  the  influence  and  patronage  of  govern- 
ment was  to  be  given  in  favor  of  a  particular  church.5 

The  institution  of  slavery,  which  though  formerly  existing,  had 
not  been  fostered,  was  now  urged  upon  the  province  by  royal  re- 
commendation. As  a  still  more  decisive  mark  of  the  character 
and  temper  of  the  government,  a  direction  was  given,  that  "foras- 
much as  great  inconveniences  may  arise  by  the  liberty  of  printing 
in  our  said  province,  you  are  to  provide  by  all  necessary  orders, 
that  no  person  keep  any  press  for  printing,  nor  that  any  book, 
pamphlet,  or  other  matters  whatsoever  be  printed  without  your 
especial  leave  and  license  first  obtained." 

Lord  Cornbury  arrived  in  New  Jersey  in  August,  1703.  The 
Council  had  already  been  appointed.6  His  instructions  required 
that  he  should  convene  his  Council  and  "with  all  due  solemnity" 
cause  the  commission  he  had  received  to  be  read  and  published 
at  their  meeting,  and  also  that  proclamation  thereof  should  be 
made  throughout  the  whole  of  the  province.  This  being  done,  an 
order  was  issued  for  the  choice  of  members  of  the  General  As- 
sembly, and  the  Representatives  elected  convened  at  Perth  Amboy 
on  the  10th  of  November,  1703.  Nearly  the  whole  number 
allowed,  had  been  chosen,  and  were  in  attendance.7  Thomas 
Gardiner,  a  Representative  from  the  town  of  Burlington,  was  ap- 
pointed Speaker. 

The  change  that  had  taken  place  in  the  character  of  government 
was  indicated  by  the  manner  of  proceeding  at  the  opening  of  the 

s  The  Churches  already  built  were  to  be  well  kept,  and  others  erected ;  a 
competent  maintenance  to  be  assigned  to  the  minister,  a  convenient  house  built 
for  his  accommodation,  at  the  common  charge,  and  a  sufficient  proportion  of 
land  be  assigned  for  his  use.  The  Governor  was  empowered  to  prefer  any 
minister  to  any  ecclesiastical  berfefice  in  the  province,  provided  however,  that  a 
certificate  should  first  be  had  from  the  Right  Reverend  Father  in  God,  the  Lord 
Bishop  of  London,  of  his  being  conformable  to  the  Chinch  of  England. 
•  6  The  Council  had  been  appointed  by  the  Queen.  They  were  Edward  Hun- 
loke,  Lewis  Morris,  Andrew  Bowne,  Samuel  Jenings,  Thomas  Revel  1,  Francis 
Davenport,  William  Pinhorne,  Samuel  Leonard,  George  Deacon,  Samuel 
Walker,  Daniel  Leeds,  William  Sanford,  and  Robert  Quarry. 

'Twenty-three  members  were  present.  The  names  are  given  in  Smith's 
New  Jersey,  p.  276. 


LOUD  COKNBURY'S  ADMINISTRATION.  287 

session ;  the  forms  of  address  expressive  of  deference  to  the  re- 
presentative of  royalty,  were  adopted  by  the  Assembly  in  address- 
ing the  Governor.  They  asked  that  the  members,  with  their 
servants,  might  Jbe  free  from  arrest  or  molestation  during  the  con- 
tinuance of  the  session ;  that  they  might  have  free  access  to  his 
Excellency's  person,  as  occasion  might  require ;  that  they  might 
have  liberty  of  speech,  and  a  favorable  construction  of  all  debates 
that  might  arise ;  and  that  if  any  misunderstanding  should  occur 
between  the  Council  and  the  House,  that  a  committee  of  the 
Council  might  be  appointed  to  confer  with  a  committee  of  the 
House  for  adjusting  all  differences.  These  requests  were  granted 
by  his  Excellency,  excepting  the  last,  which  was  denied  as  being 
"an  innovation." 

The  Governor  proceeded  to  explain  his  situation  and  aims,  in 
a  speech  to  the  Council  and  Assembly.  He  stated  that  her  most 
Gracious  Majesty  had  been  pleased  to  honor  him  with  the  trust 
of  government,  and  had  commanded  him  to  assure  them  of  her 
protection;  he  set  forth,  that  under  her  auspicious  reign  they 
might  enjoy  all  the  liberty,  happiness,  and  satisfaction  that  good 
subjects  could  wish  for,  and  he  did  not  question  but  that  they 
would  do  all  that  could  be  required  of  faithful  subjects.  He  re- 
commended that  they  should  endeavour  "heartily  and  seriously" 
to  reconcile  the  unhappy  differences  that  had  heretofore  existed ; 
stated  that  they  were  now  met  for  the  purpose  of  passing  such 
laws  as  might  conduce  to  the  quiet  and  welfare  of  the  province;  and 
that  he  was  commanded  to  recommend  to  them  to  raise  a  revenue 
for  the  support  of  the  government,  and  to  settle  the  right  and 
property  of  the  general  proprietors  to  the  soil  of  the  province, 
according  to  their  respective  titles,  together  with  their  quit-rents 
and  other  privileges. 

The  reply  of  the  Representatives  was  marked  by  a  degree  of 
warmth  and  courtesy,  that  would  almost  seem  to  have  exceeded 
the  limits  of  prudence.  They  returned  "hearty  thanks"  for  his 
Excellency's  kind  expressions,  and  said  they  were  assured  that 
the  proprietors,  by  their  surrender  of  the  government,  had  put  the 
people  and  province  in  much  better  circumstances  than  they  were; 
the  former  rulers  not  being  able  to  give  protection  "from  the 
villanies  of  wicked  men,"  and  they  said,  that  having  an  entire  de- 


288  LORD  CORNBURY'S  ADMINISTRATION. 

pendence  upon  her  Majesty,  and  relying  upon  her  protection, 
their  best  endeavours  should  not  be  wanting  to  accomplish  those 
things  that  would  give  her  content,  and  be  to  her  honor. 

The  change  of  government  that  had  occurred  might  have  seemed 
to  be  the  cause  of  satisfaction  in  view  of  the  disorders  that  had 
formerly  prevailed  in  the  province,  but  the  cost  of  the  restoration 
of  order  was  yet  to  be  determined.  If  quiet  was  to  be  secured  by 
the  exercise  of  arbitrary  power,  there  would  be  but  slight  occasion 
for  rejoicing  on  account  of  the  change.  That  such,  to  a  great  ex- 
tent, was  likely  to  be  the  case,  under  the  administration  of  Corn- 
bury,  was  not  long  in  appearing. 

The  recommendations  of  the  Governor  were  acceded  to  by  the 
House  by  the  preparation  of  bills  upon  the  subjects  he  had  men- 
tioned, and  they  were  directly  presented  to  him  for  approval ;  but 
only  one  received  his  assent.8  The  others  were  not  so  framed  as  to 
correspond  with  his  views.  On  the  13th  of  December,  the  House 
was  prorogued ;  his  Excellency  expressed  his  regret  that  the  bills 
prepared  could  not  have  been  despatched,  but  that  the  matters 
contained  in  them  were  "of  so  great  moment,  the  difficulties  so 
many,  and  the  time  so  short  that  it  was  impossible  to  finish." 
The  authority  which  the  Governor  was  disposed  to  exert  in 
directing  and  controlling  the  legislative  body,  was  thus  exhibited 
at  the  beginning  of  his  course. 

The  next  sitting  of  the  Assembly  was  held  at  Burlington,  be- 
ginning on  the  7th  of  September,  1704.  The  Governor  again 
presented  to  the  body  the  particulars  formerly  brought  to  iheir 
notice,  urging  especially  the  enactment  of  laws  for  determining 
the  rights  of  the  general  proprietors,  and  for  raising  a  fund  for  the 
support  of  the  government.  Some  occurrences  had  also  taken 
place  which  afforded  an  occasion  to  represent,,  that  a  necessity 
existed  for  raising  a  military  force.  All  these  were  matters  with 
which  the  Governor  had  been  charged  in  his  instructions,  and  his 
bringing  them  before  the  Assembly  was  no  more  than  an  act  of 
official  duty.  But  they  were  also  matters  of  difficulty.  From 
the  very  beginning  of  the  province  the  proprietary  rights  and 


*  This  was  an  act  prohibiting  the  purchase  of  land  from  the  Indians  hy  any 
except  the  proprietaries. 


LORD  CORNBURY'S  ADMINISTRATION.  389 

claims  had  been  a  subject  of  dissension,  and  in  East  Jersey  these 
claims  had  been  a  principal  cause  of  disturbance  and  of  the  oppo- 
sition of  the  people  to  the  proprietary  government.  Yet  now  it 
was  proposed  that  they  should  be  confirmed  by  the  new  authori- 
ties. The  claims  were  just,  and  it  may  be  that  the  members  of 
the  Assembly  themselves  were  not  averse  to  such  a  confirmation, 
but  whether  so  or  not,  they  could  not  but  feel  a  degree  of  embar- 
rassment on  account  of  the  state  of  popular  opinion  and  feeling. 
The  support  of  government  was  a  subject  of  scarcely  less  diffi- 
culty. The  weight  of  government  in  a  pecuniary  sense,  had  hither- 
to been,  light;  the  burden  of  heavy  salaries  was  unknown,  and 
such  an  amount  as  would  be  answerable  to  the  Governor's 
views,  might  prove  to  be  productive  of  much  discontent.  In  re- 
gard to  the  provision  for  a  military  force,  a  degree  of  caution  was 
also  required.  A  strong  feeling  averse  to  all  such  measures  ex- 
isted in  a  portion  of  the  province,  and  this  feeling  would  not  be 
likely  to  yield,  except  to  a  very  limited  extent,  to  the  reasons  for 
the  present  demand.9  Hence  the  action  of  the  Assembly  upon 
the  business  before  them  was  somewhat  hesitating  and  tardy. 
They  finally  resolved  upon  raising  the  sum  of  thirteen  hundred 
pounds  per  annum  for  the  support  of  government,  to  continue  for 
the  term  of  three  years.  But  the  Governor  expected  and  re- 
quired a  far  larger  sum,  and  manifested  his  dissatisfaction  in  a  man- 
ner extremely  imprudent  and  hasty.10  He  abruptly  dissolved  the 
Assembly,  and  issued  .a  direction  for  the  choice  of  a  new  House, 
to  meet  on  the  13th  of  November  following.  By  these  steps  he 
not  only  precluded  action  upon  the  other  matters  before  the  As- 
sembly, but  excited  feelings  little  favorable  to  future  harmony  be- 
tween the  different  branches  of  government.11  His  subsequent 

'  A  French  privateer  had  appeared  on  the  coast  and  had  committed  some 
depredations.  The  Governor  required  that  a  watch  house  should  be  erected, 
and  a  general  militia  law  he  passed.  S/ratk's  New  Jersey,  p.  282. 

10  Gordon  states  that  the  Governor  required  the  sum  of  two  thousand  pounds 
per  annum  for  twenty  years.  .  - 

"  It  will  subsequently  appear  that  beside  the  displeasure  of  the  Governor  on 
the  account  here  mentioned,  an  additional  reason  was  supposed  to  exist  for  his 
hasty  dismissal  of  the  House.  It  was  suspected,  or  was  alleged,  that  he  was 
not  really  desirous  himself,  that  the  House  should  proceed  in  the  matter  relat- 
ing to  the  proprietary  rights- 
37 


290  LORD  CORNBURY'S  ADMINISTRATION 

proceedings  were  not  more  wise.  With  a  view  to  procure  a 
House  more  liberal  or  compliant  in  temper,  the  election  was  "in- 
dustriously managed."  But  the  "management"  not  being  suc- 
cessful in  securing  a  majority  of  members  supposed  to  be  favorable 
to  the  Governor's  views,  another  expedient  was  resorted  to.  By 
the  advise  of  his  Council,  a  resolution  was  taken  that  some  of  the 
members  lately  elected  should  not  be  admitted  to  their  seats,  upon 
the  pretence  that  they  were  not  possessed  of  the  amount  of  pro- 
perty required  in  the  constitution  of  government.  Accordingly, 
when  the  members  presented  themselves,  the  oaths  were  refused 
to  three  individuals,  Thomas  Gardiner,  Thomas  Lambert  and 
Joshua  Wright,  members  elect  from  the  western  portion  of  the 
province.  They  were  therefore  prevented  from  taking  their  seats.12 
It  is  somewhat  difficult  to  bring  the  mind  to  the  belief  that  so  un- 
worthy a  course  of  procedure,  could  be  devised,  and  carried  on  to 
completion.  But  the  fact  of  the  rejection  of  the  members  is  quite 
indisputable,  and  that  it  was  done  to  secure  a  subservient  House, 
is  the  judgment  that  history  has  given.  The  immediate  object 
proposed  was  attained.  By  the  rejection  of  the  three  individuals, 
a  majority  was  secured  prepared  to  second  tlje  demands  of  the 
Governor,  as  well  as  to  gratify  his  weak  ambition.  He  was  com- 
plimented by  the  House,  whose  privileges  he  had  outraged,  for  his 
mode  of  conducting  the  government;  it  was  carried  on,  as  they 
said,  "with  great  diligence  and  exquisite  management  to  the  ad- 
miration of  his  friends,  and  the  envy  of  his  enemies."  The 
measures  of  such  an  Assembly  might  be  expected  to  be  compliant. 
The  sum  of  two  thousand  pounds  per  annum  was  granted  for  two 
years,  for  the  support  of  government.  An  act  establishing  a  militia 
was  agreed  to,  with  provisions  so  rigid,  as  afterwards  gave  rise  to 
well  founded  objection  and  opposition;  an  act  of  amnesty  for 

13  Members  when  elected  were  not  allowed  to  take  their  seats  until  the  oaths 
had  been  administered.  In  this  particular  the  Governor  was  warranted  in  his 
acts  by  his  instructions,  so  also  he  was  in  regard  to  the  property  qualifications 
of  the  members.  But  the  cases  in  question  were  prejudged.  The  Governor 
acted  without  any  examination,  upon  the  mere  information  or  advice  of  his 
Council,  or  some  of  them.  Still  more,  there  was  nothing  in  the  Governor's 
instructions  giving  to  him  the  power  to  make  an  examination  and  decision  in 
such 


ADMUVISTRATION.*" 


•  **"•*  **** 

all  offences  Committed  doling  the  ifisjjirbances  that-Jhad  forme^y  • 
Occurred  ia^th^rpj-ovinee",  was  also  passed...  **Somte  otjier  enact^, 
ments  were  madje'wn'isi),  wjtlymt  a  knowledge  pfV^be  jpartieula».  » 
circumstane.es  ami  «nove!fterits  of  the  time,  would  seem*  Ik'tle 
consistent  with  the  geiieral  courae'of  the  Assenibly'ror^with  the 
views  of  the  Go.vernor..  A  bill'  was  prepared  and  passed,  re- 
.movfng'the'  restrictions  in  regard^  to"  the-  qualifications  of  electors 
and  the  elected,  so  far  as  to"  admit  all  freeholders,  and  also 
declaring  that  the  Representatives  met  in  General  -Assembly, 
were,  ^and  should  be  the  judges  of  the  qualifications  of  their 
own  jnembers.  This,  enactment  was  probably  partly  designed. 
as  a  means  of  reducing  the  proprietary!  interest  and  influence, 
as  well  as.  'to  define  th'e  rights  t>f  the  Representatives.13  In  ac- 
cordance.with  their  declaration,  the.  -House'  prticeeded,  after  some 
delay,  to  an  inquiry  in  reference  to  the  cases  of  the  excluded 
members,.  and  decided  that  they  were  properly  qualified,  and 
made  a  request  to  the  Governor  that  they  might'  be  sworn,  a  - 
request  however,  which  was  not  complied  with  until  the  next 
meeting  of  the  Assembly,  when  there  Was  nothing  to  be  gained 
by  a  longer  exclusion.  The  course  of  the  Governor  in  the 
several  proceedings  just  noticed,  excited  much  dissatisfaction. 
The  feeling  of  discontent  that  arose  was  not  confined  to  the  parties 
immediately  concerned  ;  it  extended  in  a  short  time  to  the  pro- 
prietary bodies,  by  whose  instrumentality  in  part,  the  government 
had  been  introduced  and  established.  Their  own  advantage  and 
credit,  as  well  as  a  degree  of  sensibility  to  the  interests  of  the  colo- 
nists, made  them  observant  of  the  course  of  affairs  ;  and  the  pro- 
prietors of  the  western  division  addressed  a  memorial  respecting 
the  transactions  that  have  been  mentioned,  to  the  Lords  Commis- 
sioners of  trade  and  plantations.  They  acknowledged  that  the 
government  had  been  instituted  in  accordance  with  the  proposals 

13  An  analysis  of  the  proceedings  of  the  time  would  lead  to  the  conclusion, 
that  there  was  a  balancing  of  interests  between  the  Assembly  and  the  Governor. 
The  latter  had  been  anxious  to  obtain  a  House  that  would  give  an  increase  of 
revenue,  and  in  this  he  was  successful.  But  it  would  seem  that  the  prevailing 
interests  in  the  House  was  opposed  to  the  ancient  proprietary  claims,  which 
the  Governor  had  been  instructed  to  protect,  but  he  yielded  in  one  particular,  in 
order  to  secure  a  gain  in  another.  Smith's  New  Jersey,  p.  339. 


292  LORD  CORNBURY'S  ADMINISTRATION. 

previously  made,  but  they  stated,  that  the  administration  there"ol 
had  differed  much  from  their  expectations.  That  they  had  relied 
upon  the  grant  of  a  free  Assembly,  as  the  chief  security  of  their 
estates  in  the  province,  but  that  this  part  of  the  constitution  had 
been  virtually  destroyed.  That  the  first  Assembly  had  been  dis- 
solved because  they  declined,  to  j^rant  the  amount  required  by  the 
Governor,  and  that  many  artifices  had  been  used  to  procure 
another  more  to  his  humour,  and  in  particular,  that  three  of  the 
members  returned,  had  been  objected  to,  and  prevented  from  enter- 
ing the  House,  upon  groundless  pretences.  This,  the  memorialists 
"conceived  was  an  invasion  of  the  rights  of  the  Assembly,  and  if 
tolerated,  would  place  fhe  whole  government  in  the  hands  of  the 
Governor.  That  by  this  procedure  a  majority  was  given  in  the 
House  who  gratified  the  Governor  in  granting  a  revenue,  but  had 
made  an  enactment  placing  the  right  of  choosing  and  being  chosen 
to  the  Assembly  in  all  freeholders,  which  act  the  Governor  had 
no  authority  or  color  from  his  instructions,  to  pass.  Such  an  act 
they  regarded  as  injurious  to  them,  as  it  would  lead  to  the  election 
of  Representatives  who  were  unfavorable  to  their  rights  and  in- 
terests. That  contrary  to  the  instructions  given  him,  the  Gover- 
nor had  also  assented  to  an  act  for  taxing  unprofitable  lands,  on 
account  of  which  many  persons  who  had  agreed  to  purchase  had 
renounced  their  contract,  and  that  the  Governor  had  also  assumed 
the  power  of  granting  fees  for  patenting  lands.  These  acts  they 
said,  were  so  contrary  to  the  terms  of  the  surrender,  and  to  the 
assurances  given  at  the  time,  and  to  the  terms  of  the  Governor's 
instructions,  that  they  thought  it  not  improper  to  protest,  and  they 
did  protest,  against  the  proceedings  of  the  last  Assembly,  the 
country  not  being  duly  represented  therein,  and  they  asked  the 
interposition  of  her  Majesty,  that  the  acts  passed  by  the  Assembly 
should  not  be  confirmed. 

At  the  meetings  of  the  Assembly  in  1705  and  1706  nothing  of 
importance  was  transacted. 

During  this  period  the  Council  of  Proprietors  of  the  western 
division,  of  the  province  (whose  constitution  has  heretofore  been 
noticed)  continued  to  hold  their  meetings,  and  to  transact  business 
in  the  same  manner  as  before  the  surrender  of  government. 
Governor  Cornbury  conceived  that  the  action  of  this  body  inter- 


LORD  CORNBURY'S  ADMINISTRATION.  293 

fered  with  -his  authority  or  interests.  Hence,  upon  their  meeting 
in  1706,  various  inquiries  were  directed  to  them  .concerning  their 
proceedings,  which  not  being  answered  in  a  manner  to  satisfy  his 
Excellency,  he  summoned  them  to  meet  him  at  a  time  prescribed. 
At  this  meeting  he  demanded  an  explanation  of  their  powers,  and 
objects.  In  answer  to  his  demand  they  prepared  a  statement,  set- 
ting forth  the  constitution  and  establishment  of  the  body;  that  they 
were  entrusted  with  the  management  of  all  affairs  relating  to  thje 
landed  interests  of  the  proprietors ;  that  they  purchased  land  fr6m 
the  natives,  ordered  surveys,  granted  warrants,  and  inspected  the 
rights  of  the  several  claimants.  The  Governor  was  not  yet  satis- 
fied, and  prohibited  the  Council  from  a  further  exercise  of  their 
powers  in  granting  lands.  • 

At  the  expiration  of  the  time  for  which  the  revenue  for  the  sup- 
port of  government  had  been  granted,  it  became  necessary  that  an 
Assembly  should  be  called ;  an  election  was  accordingly  ordered, 
and  the  Representatives  were  directed  to  convene  on  the  7th  of 
April,  1707. 

The  occurrences  which  had  now  taken  place  were  sufficient  to 
give  a  clear  manifestation  of  the  state  of  affairs  in  the  province. 
It  was  easy  to  perceive  the  nature  of  the  "protection"  which  was 
to  be  experienced  under  the  new  government,  it  was  sufficiently 
apparent  that  the  liberty  which  had  formerly  been  enjoyed  by  the 
people,  and  which  by  some  had  been  abused,  was  now  to  be 
greatly  restricted.  But  the  temper  of  the  colonists  did  not  dispose 
them  to  easy  acquiescence,  and  among  the  members  in  the  new 
Assembly  were  individuals  who  were  true  Representatives  of  the 
people,  not  only  in  a  political  capacity,  but  also  in  regard  to  their 
feelings  and  their  character.  They  were  perfectly  acquainted 
with  the  interests  of  their  constituents,  and  strong,  both  in  ability 
and  in  resolution,  to  maintain  them.  Among  these  persons, 
Samuel  Jenings,  from  the  western  division,  and  Lewis  Morris 
from  the  eastern,  were  the  most  influential  and  conspicuous.14 
Jenings  was  chosen  Speaker  of  the  House.  Shortly  after  the 
reception  of  the  Governor's  address,  the  House  resolved  itself  into 

14  Jenings  and  Morris  had  been  members  of  the  Council,  but  had  been  sus- 
pended by  the  Governor  on  account  of  their  opposition  to  his  measures. 


294  ^  LORD    CORNBU.RV'S    ADMINISTRATION*. 

a  gsne/af  committee  for  the  consideration  of  grievafiees.  They 
continued  "their,,sittings  from  day  to  day v  and  finally  agreed  upon." 
a  petition  to  the  Queen,  and  a  remonstrance  to  the  Governor.  '*  In 
the  latter  Jth$y  expressed  dissatisfaction  on  account  of. his  Excel-." 
•lency'*  continued  absence  from  the  province,  by  which  a  full  and 
.timely  acquaintance  with  many  important  affairs  was  prevented. 
They  also  complained  of  several  delin(fuencies-  ni  the  administra- 
tion of  justice  ;  that  notorious  offenders"  had  been  suffered  to  go  at 
large,  and  the  sentences  against  them  to  "remain  unexecuted,  and 
that  the  ends  of  justice  and  larw  had  thus  been  frustrated.  They 
set  forth  that  fees  had  been  demanded  of  persons  before" anthills 
had  been  -fOtfnd  against  them,  and  who  were  therefore  to  be  reck- 
oned innocertt  of  any  offence,  and  represented  that  if  fees  could  be 
exacted  from  such  persons,  no  one  could  be  secure  against  the 
-designs  of  malicious  and  vindictive  men.  They  also  stated  that 
the  establishment  of  fees  by  any  other  power  than  the  Governor, 
Council  and  Assembly,  was  considered  a  great  grievance,  repug- 
nant to  the  rights  that  all  English  subjects  were  entitled  to,  and 
contrary  to  the  Queen's  instructions,  which  instructions  forbade 
that  any  man's  life,  member,  freehold  or  property  should  be  taken 
otherwise  than  by  established  and  kno'wn  laws,  and  they  asked 
that  the  assent  of  the  Governor  might  be  given  to  an  act  for  de- 
termining fees.15  But  they  represented,  that  there  were  other 
grievances  of  an  higher  nature,  and  attended  with  worse  conse- 
quences, and  that  it  would  not  be  just  to  the  Governor,  themselves, 
or  the  country,  to  conceal  them.  They  stated  that  they  expected 
when  the  government  was  surrendered  to  the  Queen,  that  they 
should  experience  "the  benign  influences  of  her  mild  government," 
and  that  they  should  be  protected  in  the  full  enjoyment  of  their 
liberties  and  properties^  but  that  it  was  their  misfortune  to  find 
that  the  event  had  not  answered  to  their  expectations.  They 
alleged  that  the  prohibition  of  the  Governor  prev  enting  the  Coun- 
cil of  Proprietors  from  issuing  warrants  for  taking  up  lands,  was 
an  infringement  of  their  rights.  That  when  the  proprietors  sur- 


"  The  Governor  and  Council  were  authorized  by  the  instructions  to  regulate 
feea.  but  the  Assembly  insisted  that  the  Governor  could  only  regulate  fees 
already  established,  so  as  to  see  that  no  exaction  was  practised. 


LORD  CORNBURY'S  ADMINISTRATION.  295 

rendered  the  government,  they  did  not  part  with  the  soil,  or  the 
right  to  manage  their  interests  therein,  as  they  should  think  fit, 
and  that  if  any  persons  were  aggrieved  by  the  proceedings,  the 
laws  would  give  them  redress.  But  a  still  greater  encroachment 
upon  their  liberties,  they  said,  was  the  refusal  of  the  Governor  to 
swear,  or  attest  three  members  of  the  late  Assembly,  upon  the 
groundless  suggestion  of  two  members  of  the  Council,  by  which 
means  the  members  were  prevented  from  taking  their  seats 
in  the  House.16  This  measure,  they  said,  was  a  violation  of  the 
rights  of  the  people,  being  a  virtual  denial  of  their  freedom  in  the 
choice  of  Representatives,  and  was  also  a  breach  of  the  privileges 
of  the  Assembly,  that  body  being  the  proper  authority  to  determine 
in  such  cases.  The  remonstrants  declared  that  they  were  "sen- 
sibly touched*7  with  this  procedure,  well  knowing  the  conse- 
quences that  must  arise  from  a  Governor's  refusing  to  swear  such 
members  of  the  Assembly  as  he  might  think  fit.  They  also  stated 
that  it  was  well  known*~that  sums  of  money  had  been  raised  to 
procure  the  dissolution  of  the  first  Assembly  for  the  purpose  of 
precluding  enactments  to  secure  the  quit-rents,  which  sums,  it  was 
said,  there  was  great  reason  to  believe,  had  been  given  to  the 
Governor  to  induce,  and  which  did  induce  him -to  dissolve  the 
Assembly,  and  to  procure  the  rejection  of  some  of  the  members  of 
the  next.  Great  uneasiness  was  expressed  on  account  of  measures 
so  injurious  to  the  liberties  and  properties  of  the  people.  "Liberty" 
said  the  remonstrants,  "is  too  valuable  a  thing  to  be  easily  parted 
with,  and  when  such  mean  inducements  procure  such  endeavours 
to  tear  it  from  us,  we  must  say,  that  they  have  neither  heads,  hearts, 
or  souls,  that  are  not  moved  by  the  miseries  of  their  country,  and 
are  not  forward  with  their  utmost  power  lawfully  to  redress 
them."  They  reminded  the  Governor  in  conclusion,  that  no  artifice 
was  necessary  to  engage  the  affections  of  a  people,  that  it  was 
only  necessary  to  leave  them  in  the  unmolested  enjoyment  of 
what  belongs  to  them  of  a  right;  and  a  wise  man  that  despises  not 
his  own  happiness,  will  earnestly  labour  to  regain  their  love. 

This  free  and  spirited  remonstrance  which  was  read  to   the 
Governor  by  the  Speaker  Jenings,  was  rendered  still  more  im- 

»  The  two  members  of  Council  were  Thomas  Revel  and  Daniel  Leeds. 


296  LORD  CORXBCRY'S  ADMINISTRATION. 

pressive  by  the  manner  of  delivery.  The  Governor  manifested 
much  irritation,  and  at  different  points  interrupted  the  .Speaker 
with  much  abruptness,  but  the  calm  Jenings  only  repeated  the 
passages  with  a  greater  degree  of  emphasis. 

The  Representatives  were  directed  to  attend  the  Governor  at  a 
future  day,  to  receive  his  reply.  His  answer  which  was  made  at 
the  appointed  time,  was  wanting  in  dignity,  as  well  as  in  force ;  it 
abounded  in  ungracious  reflections  upon  the  Assembly,  and  still 
more  severe  and  entirely  gratuitous  reflections  upon  the  Quakers. 
But,  a  full  and  circumstantial  notice  was  taken  of  the  several  par- 
ticulars presented  in  the  remonstrance.  The  Governor  stated 
in  answer  to  the  complaint  concerning  his  absence,  that  he  had 
always  been  in  the  province  twice  in  every  year,  and  that  the 
Lieutenant  Governor  resided  constantly  there.17  That  the  power 
of  pardoning  and  reprieving  criminals  after  condemnation,  had 
been  entrusted  to  him  by  her  Majesty,  and  that  he  was  account- 
able to  none  but  her,  for  its  exercise,  and  that  in  the  settlement  of 
the  fees  of  officers,  he  was  also  authorized  by  the  instructions 
that  had  been  given  him.  In  relation  to  the  prohibition  upon  the 
action  of  the  proprietors,  he  said,  that  according  to  the  directions 
of  her  Majesty,  he  was  to  admit  all  such  agents  as  the  general 
proprietors  should  appoint,  such  agents  qualifying  themselves  by 
taking  the  oaths  prescribed  by  law,  but  not  otherwise ;  and  that  no 
persons  under  the  name  of  Council  of  Proprietors  had  ever  ten- 
dered themselves  to  take  the  oaths,  and  consequently  they  were 
not  qualified  to  act  as  agents,  and  besides,  that  those  individuals 
who  call  themselves  a  Council  of  Proprietors,  were  pretending  to 
act  by  a  power  derived  from. persons  who  have  no  authority  to 
grant;  and  therefore  he  was  obliged  to  interfere  in  order  to  hinder 
an  illegal  course  of  action.  In  reference  to  the  rejection  of  the 
members  of  the  Assembly,  the  Governor  stated,  that  according  to 
the  constitution  of  government,  a  certain  property  qualification 
was  required  of  every  member,  and  that  he  was  informed  by  some 
of  his  Council  that  the  persons  in  question  were  not  thus  qualified, 
and  that  he  did  no  more  than  his  duty  in  rejecting  them;  but  he 
further  stated  that  he  had  afterwards  recommended  to  the  Assem- 

"  Colonel  Ingoldsby  was  Lieutenant  Governor  under  Cornbury. 


LORD  CORNBURY'S  ADMINISTRATION.  297 

bly  to  inquire  into  the  case,  and  that  they  .had,  after  some  delay, 
reported  in  favor  of  the  members,  but  had  not  furnished  him  at 
the  time,  with  the  evidence  upon  which  their  conclusion  had  been 
founded,  but  this  being  afterwards  done,  at  his  order,  he  had  ad- 
mitted the  members  to  their  seats.  The  principal  question  as  to 
the  right  of  the  Governor  to  determine  and  act  in  the  case,  was 
passed  over  without  notice.  To  the  graver  charge  of  corruption, 
the  Governor  gave  at  the  outset,  a  direct  denial ;  whether  any  con- 
siderable sums  of  money  had  been  raised,  or  not,  which  he  did 
pretend  to  determine,  he  declared,  that  no  such  sums  had  come 
into  his  hands,  or  had  ever  been  offered  him ;  that  he  had  dis- 
solved the  first  Assembly  because  it  was  evident  that  they  never 
intended  to  do  any  thing  for  the  support  of  the  Queen's  govern- 
ment, or  for  the  good  of  the  country,  and  that  as  to  getting  rid  of 
the  quit-rents,  the  very  mention  of  such  an  attempt  on  his  part, 
was  such  an  absurdity  "  that  no  one  but  Jenings  or  Morris  would 
have  been  guilty  of,"  it  being  a  thing  well  known  that  at  the  be- 
ginning of  each  session  he  had  recommended  that  laws  should  be 
passed  for  settling  the  rights  of  the  proprietors.18  In  return,  the 
Governor  accused  the  Assembly  of  several  unlawful  and  oppres- 
sive acts,  and  reproached  them  with  neglecting  the  proper  busi- 
ness of  the  province  in  order  to  engage  "  in  hawking  after  im- 
aginary grievances."  The  Assembly  did  not  immediately  enter 
upon  a  notice  of  the  Governor's  reply;  their  attention  was  directed 
to  an  examination  concerning  the  manner  in  which  the  revenues 
of  the  province  had  been  kept  and  expended,  and  great  deficiencies, 
if  not  actual  abuses,  were  detected. 

The  searching  and  critical  spirit  that  was  exhibited,  gave  no 
promise  of  future  forbearance  and  quiet,  and  the  Governor  re- 
solved upon  a  dismissal  of  the  House,  which  was  accordingly 
adjourned  to -the  ensuing  September.19  But  directly  upon  the 
meeting  of  the  House,  the  consideration  of  the  matters  formerly 

19  It  is  certainly  true  that  the  Governor  had  made  such  recommendations,  but 
it  is  yet  positively  asserted,  that  there  was  a  kind  of  collusion  between  him  and 
the  opponents  of  the  proprietary  claims,  and  that  his  influence  was  used  in 
opposition  to  his  own  recommendations  and  professions. 

19  By  the  intervention  of  the  Governor  the  meeting  was  further  deferred  to 
October. 

38 


298  LORD  CORNBURY'S  ADMINISTRATION. 

before  them  was  resumed,  and  a  reply  to  the  Governor's  address 
was  resolved  upon.  The  Assembly  also  determined  that  no  money 
should  be  granted  until  redress  was  given  for  the  grievances  of 
which  they  complained,  in  which  case  they  were  willing  to  grant 
a  sufficient  amount.  The  reply  of  the  Assembly  was  marked 
by  much  ability  and  by  some  severity.  They  declared  that 
they  should  not  answer  the  trust  that  had  been  reposed  in 
them  without  an  endeavour  to  remove  the  hardships  under 
which  they  laboured.  That  they  had  no  occasion  to  search 
for  "imaginary  grievances,"  as  real  ones  abounded.  These 
grievances  they  again  set  forth  and  in  a  manner  more  ample 
and  full  than  before,  and  they  reminded  his. Excellency,  that  it  was 
the  General  Assembly  of  the  province  that  complained,  and  not 
the  Quakers,  with  whom  (as  such)  they  had  nothing  to  do,  but 
who  would  probably  be  able  to  vindicate  themselves  from  the 
aspersions  that  were  thrown  upon  their  persons  and  profession. 
They  repeated,  that  their  expectations  of  full  protection  to  their 
liberties  under  the  government  of  the  Queen,  had  not  been 
answered,  and  that  the  reasons  offered  by  the  Governor  to  justify 
his  conduct  and  course  were  insufficient,  or  unfounded.  That 
they  could  not  but  consider  his  absence  from  the  province  for  the 
greater  part  of  the  year,  as  a  disadvantage,  especially  as  the  se.al 
of  the  province  was  kept  by  him,  and  as  the  Lieutenant 
Governor,  either  under  orders,  or  from  his  own  disinclination  to 
serve,  entirely  refused  official  employments.  That  the  Gover- 
nor had  no  authority  to  pardon  wilful  murderers  (as  the  persons 
before  referred  to  were)  though  he  might  reprieve  them,  but  a 
reprieve  could  not  be  construed  as  warranting  a  liberation,  or 
such  a  degree  of  liberty  as  would  favor  an  escape.  That  the 
Governor's  course  in  reference  to  the  Council  of  Proprietors  was 
a  misuse  of  his  powers.  That  his  instructions  indeed  required, 
that  the  persons  or  agents  employed  by  the  proprietors  for  sur- 
veying and  recording  grants  of  lands  and  collecting  quit-rents, 
should  take  the  oaths  prescribed,  but  that  the  Council  of  Proprie- 
tors were  not  such  agents  as  the  instructions  related  to;  the 
Council  stood  in  the  character  of  attornies  or  representatives  of 
private  men,  for  the  management  of  their  properties,  and  were  in 
no  wise  effected  by  the  regulations  in  question ;  if  these  regula- 


LORD    CORNBTJRY*S    ADMINISTRATION.  299 

tions  applied  to  the  Council,  no  person  could  appoint  an  attorney 
but  with  the  Governor's  consent  and  approbation.  The  only 
persons  affected  by  the  terms  of  the  instructions  in  relation  to 
taking  the  oaths,  were  those  who  had  been  specially  appointed  for 
surveying,  and  recording  the  surveys  of  land,  and  receiving  the 
quit-rents ;  but  these  persons  had  never  been  required  to  take  the 
oaths,  and  the  Surveyor  for  the  western  division,  who  had  several 
times  tendered  himself  for  the  purpose,  had  been  refused.  The 
aim  of  the  Queen's  instructions,  they  said,  had  either  been  entirely 
mistaken,  or  wilfully  perverted. 

In  relation  to  the  case  of  the  rejected  members  of  the  Assembly, 
the  House  again  asserted,  that  there  was  not  the  slightest  color  of 
authority  for  the  course  of  the  Governor  in  pretending  to  judge  of 
the  qualifications  of  members,  so  as  to  admit  or  reject  them  at  his 
discretion  ;  and  that  such  authority  would  be  wholly  inconsistent 
with  the.  nature  and  being  of  free  assemblies,  and  would  place  the 
liberties,  lives,  and  properties  of  the  people  entirely  at  the  Gover- 
nor's disposal,  which  it  was  believed  could  never  have  been  her 
Majesty's  design  of  desire.  The  former  charge  as  to  the  recep- 
tion of  monies  by  the  Governor,  was  again  advanced,  and  was 
repeated  in  a  manner  more  positive  and  precise,  and  the  particu- 
lars recited  were  said  to  be  "such  notorious  truths  that  it  is  vanity 
to  deny  them." 

The  Governor  evaded  the  reception  of  the  reply  of  the  Assembly, 
and  it  was  therefore  entered  upon  their  journal,  and  two  days 
afterwards  the  House  was  adjourned  by  the  Governor's  order. 

The  discussion  between  these  parties  involved  an  important 
issue.  The  liberties  of  a  province  were  concerned.  If  the  Go- 
vernor could  admit  or  reject  the  members  of  the  Assembly,  ac- 
cording to  his  own  discretion  or  will;  or  if  his  mere  opinion  that 
an  Assembly  did  not  intend  to  "do  any  thing  for  the  good  of  the 
country"  was  to  be  considered  a  sufficient  reason  for  dissolving 
them,  the  institution  of  a  representative  body  would  be  little  more 
than  a  mockery. 

The  supporters  of  the  Governor  endeavoured  to  defend  and  sus- 
tain him  in  the  course  he  had  taken.  For  this  purpose  a  repre- 
sentation to  the  Queen  was  prepared  in  the  name  of  the  Lieutenant 
Governor  and  some  of  the  Council,  and  was  privately  transmitted 


300  LORD  CORNBURY'S  ADMINISTRATION. 

to  her  Majesty.  They  set  forth  that  they  had  seriously  consid- 
ered the  proceedings  of  the  late  Assembly  of  the  province,  and 
felt  bound  to  express  their  dislike  and  abhorrence  of  the  same ; 
that  they  were  high  encroachments  upon  her  Majesty's  preroga- 
tive, notorious  violations  of  the  rights  and  liberties  of  the  subject,  a 
manifest  interruption  of  justice,  and  also  were  most  "unmannerly" 
toward  his  Excellency,  the  Governor.  These  proceedings,  they 
said,  were  owing  to  the  factious  principles  and  conduct  of  Jenings 
and  Morris,  who,  they  said,  "  were  known  to  be  uneasy  under  all 
governments,  inconsistent  with  themselves,  and  to  whom  all  the 
confusion  and  factions  in  the  government  of  New  Jersey  and 
Pennsylvania  for  many  years,  were  wholly  owing;"  they  were 
desirous,  it  was  said,  as  there  was  every  reason  to  believe,  to  en- 
courage not  only  the  government  of  New  Jersey,  but  every  other 
government  in  America,  to  throw  off  her  Majesty's  prerogative 
royal.  As  a  remedy  for  these  evils,  they  requested  that  her 
Majesty  would  be  pleased  to  discountenance  "those  wicked  de- 
signing men,"  and  show  some  dislike  to  the  Assembly's  proceed- 
ings, who  it  was  declared  were  resolved,  neither  to  support  her 
Majesty's  government,  or  take  care  to  defend  it  by  settling  a 
militia,  and  that  a  strenuous  assertion  of  her  Majesty's  prerogative 
and  vindication  of  the  Governor's  honor,  were  absolutely  required. 
In  this  address  the  particulars  which  had  been  urged  agaTnst  the 
course  of  the  Governor  were  only  noticed  by  a  general  declaration, 
that  the  statements  of  the  Assembly  were  either  partial,  or  false. 

On  the  5th  of  May,  1708,  the  General  Assembly  again  con- 
vened. The  former  Speaker,  Jenings,  being  detained  by  illness, 
Thomas  Gordon  was  chosen  in  his  place.  In  the  address  of  the 
Governor,  his  Excellency  repeated  most  of  the  demands  he  had 
formerly  made.  He  required  that  a  bill  should  be  enacted  for 
raising  a  revenue,  and  stated  that  the  Queen  expected  the  sum  of 
fifteen  hundred  pounds  to  continue  for  the  term  of  twenty-one 
years.  He  recommended  that  the  militia  bill  should  be  revived 
or  renewed,  as  the  present  one  would  shortly  expire,  and  also  that 
laws  should  be  passed  for  confirming  the  rights  and  property  of 
the  general  proprietors,  as  well  as  to  settle  the  titles  and  estates 
of  particular  persons. 

In  their  reply,  the  Assembly  declared  that  they  had  always 


LORD  CORNBURY'S  ADMINISTRATION.  301 

been  ready  and  desirous  to  support  the  government  to  the  utmost 
of  their  ability,  and  that  they  regretted  the  misunderstanding  that 
had  occurred  between  the  Governor  and  themselves.  But  they 
stated,  that  they  had  formerly  mentioned  to  his  Excellency  a  num- 
ber of  grievances  which  the  country  laboured  under,  and  which 
has  not  yet  been  removed,  and  they  mentioned  as  an  additional 
ground  of  complaint,  that  a  late  application  for  a  writ  for  the  elec- 
tion of  a  new  member,  had  been  refused.  They  intimated  that  a 
redress  of  these  grievances  would  remove  an  obstruction  to  the 
full  co-operation  of  the  House  in  measures  for  the  support  of  the 
government,  but  that  they  doubted  not  if  her  Majesty  were  rightly 
informed  of  the  situation  of  the  country,  that  she  would  never  ex- 
pect the  settlement  of  a  revenue  further  than  from  year  to  year, 
They  stated  that  the  present  militia  bill  was  considered  so  oppres- 
sive to  the  people  that  they  could  not  consent  to  revive  it,  though 
they  were  willing  to  make  provision  for  defence  of  the  province 
in  a  way  mere  easy  to  the  people.  They  were  willing,  they  said, 
to  answer  her  Majesty's  commands  in  confirming  the  rights  of  the 
proprietors,  and  also  the  titles  and  estates  of  particular  persons."20 

The  Governor  finding  the  disposition  of  the  Assembly  to  be 
unchanged,  and  that  nothing  could  be  gained  but  by  concessions, 
which  he  was  little  inclined  to  make,  immediately  prorouged  the 
House  until  the  following  September,  and  before  the  time  for  their 
meeting  arrived,  gave  orders  that  the  House  should  be  dissolved. 

But  the  administration  of  Governor  Cornbury  was  drawing  to  its 
close.  He  had  exhibited  none  of  those  qualities  which  were  be- 
fitting his  high  descent,  or  his  elevated  place.  His  desire  for 
revenue  was  the  motive  most  strongly  manifested  in  his  adminis- 
tration of  government  in  New  Jersey.  Ample  and  permanent 
support  of  the  government,  was  the  object  principally  sought,  and 
this  may  be  considered  as  a  kind  of  clue  to  his  entire  career.  To 
accomplish  his  purposes  in  this  respect,  he  was  led  to  the  pur- 
suance of  measures  not  warranted  by  his  instructions,  a'nd  which 
were  subversive  of  the  rights  of  the  people.  To  procure  an  Assem- 
bly more  favorable  to  his  wishes,  he  interfered  with  elections,  and 
ventured  upon  the  bold  expedient  of  rejecting  the  members  re- 

K  Smith's  New  Jersey,  Gordon's  New  Jersey. 


302  LORD  CORNBTJRY'S  ADMINISTRATION. 

turned.  The  reception  of  fees  for  patenting  lands  was  probably 
one  of  his  objects  in  interfering  with  the  action  of  the  Proprietary 
Council.  Whether  the  charges  of  actual  ..corruption  in  office  are 
admitted  or  not,  his  avidity  for  gain  is  sufficiently  obvious.  His 
fondness  for  show  and  expensive  pleasure,  subjected  him  to  wants 
which  the  colonists  had  neither  the  ability,  or  the  inclination  to 
supply.  He  was  also  but  illy  informed  in  the  duties  of  his  place. 
He  had  entered  upon  office  with  but  low  desires;  it  was  not  to 
perform  an  exalted  duty,  but  to  secure  the  means  of  indulgence. 
He  was  therefore  careless  in  inquiry,  and  deficient  in  knowledge, 
and  may  sometimes  have  committed  a  wrong  as  well  from  his 
ignorance  of  what  lay  in  his  path,  as  from  the  unworthiness  of 
his  aim.  In  the  direction  of  government  in  New  York,  the  con- 
duct of  Cornbury  was  no  more  acceptable  or  advantageous  than 
in  New  Jersey;  indeed,  in  the  former  province  his  character  and 
conduct  appeared  in  a  still  worse  light  than  in  the  latter;  in  addi- 
tion to  ignorance  and  rapacity,  he  there  exhibited  arrogance  and 
bigotry.  Reiterated  complaints  were  finally  addressed  to  the 
Queen,  both  from  New  Jersey  and  New  York,  and  her  Majesty, 
convinced  at  length  of  the  Governor's  unfitness  for  so  important 
a  trust,  recalled  his  commission  and  divested  him  entirely  of 
power. 


CHAPTER  XVI. 

ADMINISTRATION  OF  GOVERNMENT  BY  LOVELACE,  INGOLDSBY,  HUNTER, 
BURNET,  MONTGOMERIE  AND  COSBY. 

THE  successor  of  Cornbury  in  the  government  of  New  York 
and  New  Jersey  was  John  Lord  Lovelace,  Baron  of  Hurley. 
Ingoldsby,  the  Lieutenant  Governor,  continued  in  office.  If  the 
connexions  of  the  new  Governor  were  not  so  elevated  as  those  of 
his  predecessor,  his  qualifications  for  the  place  to  which  he  was 
appointed  were  far  greater.  His  first  communication  with  the 
Assembly  (which  met  on  the  3d  of  Marchr  1708,)  was  expressed 
in  terms  which  manifested  a  suitable  regard  to  the  feelings,  and  to 
the  rights  of  the  colonists.  He  declared  that  he  would  give  them 
no  just  cause  of  uneasiness,  and  expressed  a  hope  that  mutual 
forbearance  might  be  exercised,  and  that  in  the  endeavour  to  pro- 
mote the  interests  of  the  province,  all  former  differences  and  ani-. 
mosities  would  be  forgotten.  In  regard  to  those  matters  which 
had  been  the  occasion  of  former  dissension,  the  address  of  the 
Governor  was  conciliatory  and  prudent.  He  stated  that  her 
Majesty  would  not  be  burdensome  to  her  people,  but  that  it  was 
necessary  that  government  should  be  supported,  and  he  recom- 
mended the  subject  to  their  notice  and  care;  that  they  best  knew 
what  the  province  could  bear  without  inconvenience  and  injury, 
and  also:in  what  manner  it  could  most  properly  be  raised.  He 
also  recommended  that  a  militia  law  should  be  prepared  on  such 
grounds  as  should  seem  likely  to  give  satisfaction.  The  reply  of 
the  House  exhibited  a  spirit  of  moderation,  and  a  willingness  to 
concur  in  the  views  and  measures  which  his  Excellency  had 
offered  to  their  notice.  They  expressed  satisfaction  on  account 
of  his  appointment,  declared  that  they  had  acted  from  no  "ani- 
mosities," but  only  from  a  desire  to  maintain  their  rights,  and 
they  did  not  doubt  but  that  a  hearty  agreement  would  now  be 
maintained.  They  were  willing,  they  said,  to  give  support  to  the 


304  LOVELACE'S  ADMINISTRATION. 

government  to  the  utmost  of  their  ability,  and  the  more  so,  as  they 
should  now  be  exempt  from  arbitrary  exactions.  This  amicable 
interchange  of  sentiment  was  introductory  to  a  course  of  harmo- 
nious action.  In  accordance  with  the  Governor's  recommenda- 
tion, an  act  was  passed  for  the  support  of  her  Majesty's  govern- 
ment, granting  the  sum  of  seventeen  hundred  pounds  for  one  year. 
A  law  was  also  passed  for  settling  the  militia.  Important  enact- 
ments were  also  made  relating  to  the  election  of  the  General 
Assembly,  arid  to  the  privileges  and  rights  of  the  members.  By 
implication,  the  Assembly  had  power  under  the  royal  instructions 
to  make  alterations  in  respect  to  the  number  of  its  members,  or 
the  mode  of  their  election,  subject  to  her  Majesty's  approval.1 
This  power  was  now  exercised  by  making  a  change  in  relation  to 
the  qualifications  of  some  of  the  electors.  Under  existing  regula- 
tions, the  members  for  the  towns  of  Perth  Amboy,  Burlington  and 
Salem,  had  been  elected  by  the  inhabitants  freeholders  of  these 
places  respectively,  but  it  was  now  enacted  that  the  electors  in 
the  towns,  as  in  the  counties,  should  be  freeholders.  It  was  also 
distinctly  declared  that  the  right  of  determining  as  to  the  qualifi- 
cations of  members,  was  "in  the  House  of  Representatives  when 
met  in  General  Assembly."2 

The  hopes  of  settlement  and  continued  prosperity  which  the 
coming  and  conduct  of  Governor  Lovelace  had  excited,  were  sud- 
denly terminated  by  his  death.  The  disappointment  and  regret 
occasioned  by  this  event,  were  also  further  increased  on  account 
of  the  accession  of  the  Lieutenant  Governor,  who  assumed  the 
control  of  affairs.  Ingoldsby  had  rendered  himself  unpopular  in 
the  province,  and  an  application  had  been  made  to  Governor 
Lovelace  for  a  hearing  in  relation  to  the  charges  which  had  been 
made  by  Ingoldsby,  and  some  of  the  Council,  in  their  address  to 
the  Queen.  A  time  had  been  appointed  for  the  purpose,  but  the 
efforts  of  the  Assembly  had  been  defeated  from  time  to  time,  and 


'  It  was  prescribed  in  the  instructions  that  no  such  changes  should  be  made 
except  "  by  an  act  or  acts  of  the  General  Assembly  there,  and  confirmed  by  us, 
our  heirs  or  successors." 

-  It  has  been  seen  that  a  former  Assembly  had  made  enactments  upon  the 
same  subject;  but  different  from  the  present  law,  in  many  particulars. 


INGOLBSBY'S  ADMINISTRATION.  305 

at  length,  the  defath~of  the  G/overn'or,  and  the  accession  of  Ingplds-. 
by  to  the 'principal  place-in  the  province,  rendered  it  necessary  to 
.suspend  the  de'sign.  '.At.tthis  peri»d  the  distant  relations  of  the 
country  were  such  as  to'  in-volve  the  inte-resTs,  and  to  demand  t-he 
attention  of  the  proviticial  government.'  -The  French  nation  had 
acquired  possession  of  extensive  portions  of  country  in  America, 
and  their  claim  had  beto  acknowledged  by  England,  in  the  treaty 
of  1632.  A  powerful  and  a'ctive  opponent  .of  England  and  of 
Engl'ish  interests,  had  thus  become  established  on  the  borders  of 
the  American  colonies.  In  1702,  war  had  been  declared  by 
England  against  the  French,  and  the  latter  nation  taking  advantage 
of  the  occasion,  had  made  incursions  from  their  possessions"  in 
America,  upon  the  neighboring  English  provinces.  These  at- 
tempts were  carried  on  with  so  much  perseverance  and  vigor  that 
the  French  forces  had  succeeded  in  penetrating  into  the  country 
as  far  as  to  the  Merrimack  Riverj  and  had  demolished  Haverhill, 
a  considerable  town.  The  inhabitants  of  New  England  applied 
to  the  mother  country  for aid  and  support,  and  the  Ministry  pro- 
jected a  plan  for  the  invasion  of  Canada,  and  other  places  belong- 
ing to  the  French.  A  squadron  of  ships  was  to  be  prepared  for 
an  attack  upon  Quebec,  whilst  a  separate  force,  composed  of 
troops  to  be  furnished  by  the  colonies,  and  commanded  by  Colo- 
nels Nicholson  and  Vetch,  were  to  make  an  attempt  by  the  lakes. 
Instructions  were  given  to  Colonel  Vetch  to  demand  the  co-ope- 
ration of  the  s.everal  colonies,  and  New  Jersey  was  required  to 
furnish  two  hundred  men  for  the  enterprise.3  The  Assembly  of 
the  province  convened  in  May,  1709,  when  the  plans  of  the  Min- 
istry and  the  particular  requisitions  that  had  been  made,  were 
laid  before  the  House  by  Governor  Ingoldsby.  A  ready  assent 
was  given  by  the  Assembly.  An  act  was  passed  for  raising  three 
thousand  pounds  by  bills  of  credit,  to  be  used  for  her  Majesty's 
service  "in  this  present  juncture,"  and  particular  provisions  were 
made  for  enforcing  the  currency  of  the  bills,  when  emitted. 

The  enterprise  for  the  conquest  of  Canada  was  not  finally  pro- 
secuted, but  a  part  of  the  forces  that  had  been  raised  for  the  pur- 
pose, proceeded,  under  the  command  of  Colonel  Nicholson,  to 

3  Smith's  New  Jersey,  p.  362. 
39 


306  INGOLDSBV'S    ADMINISTRATION. 

Port  Royal,  in  Nova  Scotia,  and  that  place  was  reduced,  and  full 
possession  was  taken  by  the  English.  * 

Among  the  incidents  deserving  of  notice  arising  out  of  the  un- 
dertaking just  mentioned,  was  the  issue  of  a  currency  of  paper, 
which  was  then  first- resorted  to  in  the  province.  It  was"  de- 
signed, as  has  been  seen,  to  answer  a  pressing  emergency,  and 
perhaps  this  emergency  could  not  otherwise  have  been  met.  "A 
paper  credit  currency,"  it  has  been  said,  "is  a  great  promoter  of 
military  expeditions."4  But  the  same  expedient  was  afterwards 
resorted  to,  and  became  a  part  of  the  'policy  of  government.  It 
was  a  policy  capable  of  being  made  highly  instrumental  either  for 
good  or  for  evil.  It  afforded  the  means  of  present  relief,  and 
gave  facilities  by  which  the  resources  and  abilities  of  a  community, 
as  well  as  of  individuals,  might  be  more  fully  and  advantageously 
developed.  But  it  also  served  as  a  temptation  to  hasty  and  haz- 
ardous action,  and  to  obtain  an  immediate  good  by  a  mortgage 
upon  future  and  uncertain  advantages  and  means.  In  New  Jersey 
endeavours  were  made  to  guard  against,  the  evils  of  the  system, 
by  a  careful  restriction  of  the  amount,  and  timely  regulations  for 
redemption. 

At  the  next  meeting  of  the  General  Assembly,  which  took  place 
in  November  of  the  same  year,  the  attention  of  the  House  was 
again  directed  towards  the  domestic  affairs  of  the  province,  and 
an  enactment  was  made  defining  more  fully  the  qualifications  of 
the  members  of  the  House.  It  prescribed  that  each  Representa- 
tive should  be  an  actual  resident  within  the  province,  and  of  some 
city,  town  or  county  of  that  division  in  which  he  was  chosen.  It 
was  represented  that  much  "inconvenience"  might  arise  from  the 
election  of  persons  inhabiting  neighboring  provinces,  inasmuch  as 
such  persons  might  be  swayed  by  a  regard  to  the  interests  of  the 
places  where  they  resided,  rather  than  by  a  desire  for  the  pros- 
perity of  the  parts  they  represented.  It  was  also  set  forth  that  it 
was  absolutely  necessary  that  the  Assembly,  when  met,  should 


4  Douglass'  Summary.  Douglass  was  a  strenuous  opponent  of  paper  money. 
He  says  that  "The  Sham  Canada  Expeditions"  in  1709  and  1711,  Jed  this 
province  and  all  the  other  Bri  ish  provinces  to  the  northward,  into  a  pernicious 
paper  currency  called  public  bills  of  credit.  Summary,  p.  28f>. 


HUNTER'S  ADMINISTRATION.  307 

have  full  power  over  the  members,  which  would  be  precluded  if 
they  were  inhabitants  ofother  provinces.5  The  Assembly  also 
passed  an  act  to  ascertain  and  determine  the  boundaries  of  the 
several  counties  in  the  province.  Another  enactment  was  made 
which  would  seem  to  have  infringed,  to  some  extent,  upon  the 
directions  that  had  been  given  in  her  Majesty's  instructions  estab- 
lishing the  government.  In  these  instructions  it  was  prescribed, 
that  the  meetings  of  the  General  Assembly  should  be  held  at 
Perth  Amboy,  and  at  Burlington,  alternately,  unless  for  particular 
reasons,  the  Governor  should  order  them  differently.  But  it  was 
now  enacted  that  all  succeeding  Assemblies  should  be  held  at 
Burlington,  until  otherwise  determined  by  act  of  Assembly. 

During  these  proceedings  but  little  communication  had  taken 
place  between  the  Lieutenant  Governor  and  the  Assembly,  and 
there  was  an  appearance,  for  a  time,  of  acquiescence  in  his  govern- 
ment. But  it  was  no  more  than  an  appearance.  The  former 
acts  of  Ingoldsby  had  rendered  him  odious  in  New  Jersey;  and 
he  was  but  little  more  in'  favor  in  "New  York.  At  length  the 
united  remonstrances  of  the  provinces,  induced  the  Queen  to  order 
his  recal.  In  the  interim,  before  the  arrival  of  another  Governor, 
the  chief  executive  authority,  in  accordance  with  the  constitution 
'of  the  government,  devolved  upon  the  eldest  member  of  the  Coun- 
cil, in  the  province.  This  individual  was  William  Pinhorne. 
But  this  officer  was  superseded  on  the  1.0th  of  June,  1710,  by  the 
arrival  of  Brigadier  General  Hunter,  with  the  commission  of 
Governor  of  New  York  and  New  Jersey.6  Governor  Hunter 
was  held  in  estimation  for  his  social  qualities,  and  was  supposed 
to  be  fitted  for  civil  employment.  He  had  before  been  appointed 
Lieutenant  Governor  of  Virginia,  but  had  been  captured  by  the 
French  on  his  voyage  to  that  colony. 

He  met  the  Assembly  of  New  Jersey  on  the  7th  of  December, 
1710. 7  His  address  to  the  House  was  characterized  by  directness 
and  an  appearance  of  openness  and  candor.  He  said,  "that  he 


"  This  provision  is  somewhat  illustrated  by  the  occurrences  of  the  time.  It 
happened  on  some  occasions  that  the  members  elected  were  not  in  their  places, 
and  the  officers  of  the  House  were  despatched  to  enforce  their  attendance. 

6  Gordon's  New  Jersey,  p.  86.  "  Votes  and  State  Papers,  vol.  1,  p.  2. 


308  HUNTER'S  ADMINISTRATION. 

was  little  accustomed  to  make  speeches,  and  should  not  be  tedious. 
That  there  had  been  much  complaint  of  "unchristian  divisions, 
-an  evil  which  all  complain  of,  but  which  few  took  the  right 
method  to  remedy.  Let  every  man  begin  at  home,  leave  disputes 
to  the  laws,  injuries  to  the  avenger  of  them,  and  as  good  subjects 
and  Christians,  act  together  for  the  common  good."  He  said  that 
all  must  agree  in  the  necessity  of  supporting  government,  and 
hoped  there  would  be  no  difference  about  the  means,  and  that  he 
should  heartily  concur  in  whatever  was  necessary  for  the  peace 
and  welfare  of  the  province.  .*  He  closed  his  address  with  the 
noble  sentiment,  that  "-ail  power  exce.pt  that  of  floing  good,  is  but 
a  burden."  .  . 

The  House  replied  in' a"  similar  tone,  although  with  a  degree 
of  reserve.  They  congratulated  the  Governor  upon  his  accession 
to  office,  and  were  willing  to  hope  that  the  time  had  arrived  when 
the  causes  of  "unchristian  divisions"  would  no  longer,  exist.- 
They  had  experienced  repeated  instance's  of  her  Majesty's 
care,  among  which  they  regarded  as  a*  principal  one,  the  former 
appointment  of  the  .good  Lord  Lovelace,  by  which  an  end  was 
put  tp  the"  worst  administration  the  province  had'ever  knqwn,  and 

.  they  considered  the  appointment  o.f  hi«  Excellency,  the  present 

'  Governor,  as  a  new  mark  of  royal  favor.  Let  not  ill-men,  they 
said,  be  put  or  continued  in  power,  let  l>er  Majesty's  subjects 
enjoy  their  liberties  aad  properties  according  to  the  laws,  and 
then  the  grounds  of-disputes  would  be  removed.  They  said  that 

'    they  hail  always  considered  it  reasonable  to  support  a  gpvern- 
ment,  but  equally,  so  to  "deny  that  support  to  oppression  and  „ 
tyranny.     What  they  were/able^  to  do  should  be  sincerely  and 
honestly  done,  and-  in  as  proper  a  manner  as  they  were  capable 
of,  and  they,should  be  ready  to  join  in.  any  thing  that  might  be 
conducive  to  the  public  benefit. 
-  The  harmony,  that  seemed  to  be   promised  by  the  relations 

•  between  the  Governor  and  the  Assembly,-was  prevented  or  inter- 
rupted by  the  course  of- the  Council.  Several  of  the  members  of 
this  body  had  served  jn  former  administrations,  and  had  been 
concerned  with  Lieutenant  Governor  Ingoldsby,  in  making  the 
representation  to  the  Queen  containing  charges  against  a  former 
Assembly.  These  persons  had  thus  become,  placed  in  an  attitude  of 


HUNTER'S  ADMINISTRATION.  309 

opposition  to  the  Representative  body,  and  no  desire  was  shown 
at  this  time,  to  alter  the  relation.  On  the  contrary,  they  mani- 
fested, a  determination  to  obstpuct  the  measures  of  the  Assembly, 
even,  as  it  would  seem,  to  the  manifest  injury  of  the  interests  of 
the  province.  Several  bills  which  appeared  to  be  rendered  neces- 
sary by  the  state  of  affairs  at  the  time,  and  which  were  certainly 
in  accordance  with  the  rights,  as  well  as  the  wishes  of  the  people, 
were  rejected  by  the  Council.8  Among  these  was  an  act  for  as- 
certaining the  qualifications  of  jurors,  and  enabling  the  people 
called -Quakers  to  serve  on  them.  In  the  western  part  of  the 
province  the  Quakers  formed  a  large  portion  of  the  "population 
and  it  was  found  difficult  to  obtain  juries  without  them,  and  from 
their  habits  and  character  none  were  more  capable  of  such*service; 
but  their  refusal  to  take  an  oath  caused  them  to  be  wholly  ex- 
cluded. In  the  instructions  of  her  Majesty,  to  the  Governor,  he 
was  directed  to  cause  a»  act  to  be  passed  in  the  GeneraKAssembly 
of  the  province,  like  to  .that  which  had  been  passed  in  England  in 
the  reign'  of  William  the  Third,  allowing  the  solemn  affirmation 
•  and  declaration  of  the  people  called  Quakers,  to  be  accepted  instead 
of  an  oath  in  the  usual  form.  The  act  now  prepared  and.  passed 
by  the  House,  embraced  this  pro-vision  so.  far  as  related  to  the 
qualification  of  jurors,  and  it  was  therefore  not  only  a  just  and 
liberal  measure  in  itself,  but  was-  also  in  perfect  accordance  with 
the  rOyal  instructions;  But  the  act  was  rejected  by  the  Council. 
One  of  a  more  general  character,  containing  the  same  provisions 
in  relation  to  taking  oaths,  but  not  limited  in  its  application  to  the 
case  of  jurors,  was  also  rejected  in  a  similar  manner.  The  militia 
law  was  also  taken  up  for  consideration  by  the  House.  The  act 
'that  had  been  passed  in  the  time  of  Cornbury,  was  rigid  in  its 
provisions,  and  but  little  suited  to  .the  views  and  opinions  of  the 
people,  and  many  :persons  had  been  subjected  to  much -oppres- 
sion thereby,  and  the  modifications  that  had  been  made  at  different 
times,  had  not  been  such  as  to  remove  the  objection.  The  House, 


8  By  the  instructions  of  the  Queen  the  members  of  the  Council  were  to  have 
and  enjoy  freedom  of  debate  and  vote  in  all  affairs  of  public  concern,  and  by 
this  provision  the  Council  w«re  enabled  to  control,  as  they  did  now  control,  both 
the  Governor  and  the  Assembly. 


310  HUNTER'S  ADMINISTRATION. 

desirous  that  a  subject  of  some  difficulty,  should  be  carefully  con- 
sidered and  acted  upon,  appointed  a  committee  to  prepare  and 
report  a  bill.9  This  was  done.  Measures  were  also  taken  to 
correct  the  abuses  that  had  been  practised  under  the  existing  law. 
Some  of  the  officers  who  had  been  concerned  in  distraining  goods, 
were  brought  to  the  bar  of  the  House,  and  made  to  render  an  ac- 
count. The  bill  prepared  by  the  committee  was  passed  by  the 
House,  and  sent  to  the  Governor  and  Council ;  but  it  met  the  fate 
of  the  preceding  ones,  it  was  rejected  by  a  majority  of  the  Council. 
These  proceedings  ,of  the  Council  wore  the  appearance  of  mere 
factious  opposition,  and  were  directly  calculated  to  excite  to  new 
activity,  the  irritation  that  had  previously  existed.  The  House, 
already  'it  may  be,  not  loth  to  such  an  engagement,  was  provoked 
to  enter  again  upon  a  notice  of  the  former  acts  of  the  Council. 

The  address  of  Governor  Ingoldsby  and  his  Council  to  the  Queen 
was  accordingly  taken  up  and  read  in  the  House.10  By  a  vote  the 
address  was  declared  to  be  a  false  and  scandalous  representation 
concerning  the  Legislative  body  of  the  province,  and  that  no  one 
who  had  signed  the  address  was  fit  to  be  a  member  of  the  Hou^e, 
and  one  of  the  members  who  acknowledged  that  he  had  signed  it, 
was  forthwith  expelled.11  A  resolution  was  also  adopted  to  pre- 
pare an  address  to  her  Majesty,  and  also  to  Governor  Hunter, 
justifying  the  proceedings  of  the  Assembly.  In  the  address  to  the 
Governor  it  was  set  forth,  that  it  had  been  their  misfortune  to  be 
governed  by  Lord  Cornbury,  who  had  treated  her  Majesty's  sub- 
jects rather  as  slaves,  whose  persons  and  estates  he  might  control, 
than  as  freemen,  who  were  to  be  governed  by  laws.  The  Gover- 
nor, they  said,  "had  sacrificed  his  own  reputation,  the  laws,  and 

9  The  committee  were  Doctor  Johnston,  Isaac  Sharp,  Jacob  Spicer,  William 
Sandford,  John  Reid,  and  Kobert  Wheeler.  They  were  instructed  to  prepare 
and  bring  in  a  bill  for  explaining  an  act  of  this  province  past  in  the  third  year 
of  her  Majesty  Queen  Anne,  entitled  "an  act  for  settling  the  militia  of  thid 
province,  and  for  relieving  persons  aggrieved  thereby." 

16  This  address  had  been  signed  by  Richard  Ingoldsby,  William  Pinhorne, 
Roger  Mompesson,  Thomas  Revell,  Daniel  Leeds,  Daniel  Coxe,  Richard 
Townley,  William  Sandford,  and  Robert  Quarry.  Pinhorne,  Townley,  Coxe, 
Mompesson,  and  Quarry  were  still  in  the  Council. 

"  Major  William  Sandford. 


HUNTER'S  ADMINISTRATION.  311 

our  liberties  to  his  avarice."  That  the  efforts  that  had  been  made 
to  procure  redress  had  proved  effectual,  and  that  no  relief  was 
experienced  unfil  the  arrival  of  Lprd  Lovelace,  which  gave  an 
expectation  of  better  days^  That  upon  the  first  sitting  of  the 
Assembly  after  the  arrival  of  Governor  Lovelace,  he  had  commu- 
nicated to  them  for  their  information,  "  The  address  of  the  Lieu- 
tenant Governor  and  Council  of  New  Jersey,"  in  which  the  ad- 
dressors  endeavoured  to  make  injurious  impressions  upon  the 
Governor  against  others,  and  to  secure  his  favor  to  themselves  by 
the  grossest  fawning  and  flattery.  This  address,  said  the  Assem- 
bly, "from  the  peculiarity  of  the  language,  and  the  unintelligible- 
ness of  the  terms,  ought  never  to  be  forgotten.12  But  yet  it  was 
said  these  addressors-were  not  true  friends  to  Lovelace,  and  had 
caballed  against  him,  and  Governor  Hunter  was  warned,  that  he 
too,  might  expect  to  experience  their  treachery.  An  examination 
of  the  address  of  the  Lieutenant  Governor  and  Council  was  then 
entered  upon.  The  Assembly  asserted,  that  though  it  purported 
to  be  a  thing  agreed  upon  in  Council,  that  it  had  not  been  formally 
passed,  but  that  the  assent  of  the  members  had  been  given  at  dif- 
ferent times  and  places.  That  in  its  general  character,  the  address 
was  open  to  much  objection,  that  it  was  full  of  epithets  and  vague 
assertions,  and  that  if  the  addressers  had  merely  sought  to  make 
a  show  of  an  abusive  talent,  they  had  certainly  fully  succeeded. 
But  the  statements  that  were  given  in  the  address  were  said  to  be 
entirely  groundless.  That  the  charge  of  a  desjgn  to  throw  off  all 
allegiance,  and  to  revolt  from  the  Crown  of  England,  could  only  have 
been  made  in  order  to  mislead  or  to  prejudice  the  Queen;  that  no 
sober  man  could  believe  that  any  such  design  had  ever  existed,  or 
did  exist.  New  Jersey  was  one  of  the  smallest  of  her  Majesty's 
colonies,  and  the  least  capable  of  making  any  defence ;  that  it  con- 
tained no  fortification  exceeding  a  stone  house,  and  of  such  but 
few,  that  a  great  part  of  its  people  were  Quakers,  who  from  their 
principles  were  opposed  to  war;  that  under  these  circumstances 
to  declare  that  any  persons  were  exciting  to  open  revolt,  was  a 


"In  the  address  to  Lord  Lovelace,  he  was  told  that  "your  Lordship  has  not 
one  virtue,  or  more,  but  a  complete  accomplishment  of  all  perfections,"  with 
other  expressions  equally  extravagant. 


312  HUNTER'S  ADMINISTRATION. 

charge  scarcely  Less  ridiculous  than  malicious.  And  as  to  the 
refusal  of  the  Assembly  to-  support  the  Queen's  government,  or  to 
'  defend  it  by  settling*  a  militiaj  the  facts  themselves  might  be  ap- 
pealed to;  that,they  had  made  provisions  according  fq.the  ability 
of  the  province,  and  that  lately,  when  the  expeditiorr.to  Canada 
was  on  foot,  they  had  given  three  thousand  pounds,  and  this  when 
some  of  the  addressers  themselves  had  done  all  they  could  to 
frusti»te  the -grant.  That  an  act  had  been  made  in  the  time  of 
Lord  Lovelace  for  settling  the  militia,  which  had  likewise  met 
with  much  opposition.  Several  particulars  were  also  set  for.th  in 
relation  to  the  conduct  of  the  members  of  the  Council,  which, 
(even  with  the  abatement  to  be  made  in  the  statements,  on  account  of 
party  exasperation,)  must  yet  be  allowed  to  show,  that  some  of  the 
executive  officers  had  exercised  their  powers  in  a  manner  oppres- 
sive and  unjust,  and  that  others  had  been  guilty  of  most  serious 
moral  delinquencies. 

The  Assembly  expressed  their  concern  that  they  had  so  much 
reason  to  expose  a  number  of  persons  who  had  combined  to  do 
'New  Jersey  all  the'  hurt  in  their  power.  They  said  that  her 
Majesty  had  been  graciously  pleased  to  remove  Lieutenant  Gover- 
nor Ingoldsby,  a  favor  "for. which  we  cannot  sufficiently  express 
our  gratitude,"  and  they  intimated  with  entire  distinctness,  that 
the  province  would  be  benefitted  by  other  removals.  They  de- 
'clared,  indeed,  that  justice  could  never  be  done  whilst  certain 
members  of  the  Council  continued  in  places  of  trust  within  the 
province.13 

Governor  Hunter  received  the  address  of  the  House  in  a  man- 
ner indicating  a  desire  to  act  in  his  office  with  impartiality  and 
justice'.  He  replied,  that  her  Majesty  had  given  him  directions 
to  reconcile  the  differences  existing  in  the  province,  but  if  this 
could  not  be  done,  he  should  make  a  representation  to  her;  and  he 
did  not  doubt  but  her  Majesty  would  take  such  measures  as  would 
give  general  satisfaction.  But  the  Governor  was  either  convinced 
of  the  justice  of  the  statements  that  had  been  made  by  the  House, 

13  These  persons  were  named,  they  were  William  Pinhorne,  Roger  Mompee- 
son,  Daniel  Coxe,  Richard  Townley,  Peter  Somnans,  Hugh  Huddy,  V»  illiaru 
Hall,  and  Jeremiah  Basse.  Smith's  New  Jersey,  p.  393. 


HUNTER'S' ADMINISTRATION.  813 

or  perceived  that  no  harmony  of  action  could  be  expected  whilst 
the  members  of  the  Council,-  who  had  been  complained  of,  were 
retained,  and  such  representations  were  therefore  made  by  him, 
as  led  to  the  speedy  removal  of  several  of  the  number. 

The  partial  success  that  had  attended, the  operations  against  the 
possessions  of  the  French  in  America,  had  given  encouragement 
fo'r'a  new  unctertakipg.  Colonel  Nicholson;  who'had  directed  the 
fdrmer  enterprise,  proposed  to  the  Ministry  that  another  attempt 
should  be  made  for  the  reduction  of  Canada,  and  the  proposal 
was  finally  acceded  to.  A  plan  was  formed  for  an  union  of  forces 
from  England  and'the  colonies,  together  with  a  body  of  Indian  . 
allies.  In  accordance  with  this  plan,  instructions  were  sent  to  the 
Governors  of  several  of  the  col orfies,  requiring"  that  measures 
should  be  taken  for  providing  the  necessary  aid  in  men  and  sup- 
plies. For  this  purpose  the  Assembly  of  New  Jersey  was  sum- 
mcjied,  and  met  on  the  16th  of  July,  1711.  Governor  Hunter 
informed  the  House  that  the  fleet  and  forces  from  .England,  des- 
tined for  the  reduction  of  Canada  had  already  arrived  at  Boston, 
and  that  a  requisition  was  made  upon  New  Jersey  for  three  hun- 
dred and  sixty  men,  with  officers,  and  all  to  be  properly  furnished 
with  pay  and  provisions.  The  Assembly  responded'  to  the  de- 
mand. An  act  was  passed  for  raisin'g  five  thousand  pounds,  for, 
and  towards  the  encouragement,  -pay,  provision,  transportation, 
and  other  charges  of  volunteers  going  on  the  expedition.  This 
amount  was  to  be  furnished  by  a  new  emission  of  bills  of  credit. 
The  Governor  assented  to  the  acts,  and  dismissed  the  Assembly 
with  thanks  for  their  despatch.  But  the  expedition  for  which 
extensive  preparations  had  been  made,  and  from  which  much  had 
been  expected,  totally  failed  in  execution.  It  left  a  debt  upon 
New  Jersey,  which,  together  with  obligations  before  incurred  for 
a  similar  purpose,  was  to  be  met  by  subsequent  taxation. 

The  circumstances  of  the  province  were  not  supposed  to  re- 
quire that  another  meeting  of  the  Assembly  should  be  called  until 
December,  1713.  The  Governor,  then  addressed  the  House  in  terms 
of  confidence  and  kindness.  He  referred  to  the  goodness  of  her 
Majesty  in  removing  from  their  places,  those  officers  who  had  be- 
come obnoxious  to  the  Assembly  and  the  people.  He  said,  that  he 
was  persuaded  that  the  efforts  of  these  persons  would  not  be  able  to 
40 


314  HUNTER'S  ADMINISTRATION-. 

destroy  the  harmony  and  confidence  that  now  subsisted  between 
the  different  branches  of  the  government.14  In  this  confidence, 
he  recommended  to  the  House  the  adoption  of  such  measures 
as  the  situation  of  the  province  appeared  to  require.  He  urged 
that  provision  should  be  made  for  past  arrears,  and  the  future 
support  of  the  government,  and  also  for  affirming  and  ascertaining 
the  respective  properties  of  the  proprietors,  and  people. 

The  Assembly,  in  reply,  expressed  their  satisfaction  in  again 
meeting  the  Governor,  and  hoped,  that  as  the  persons  who  had 
hitherto  obstructed  the  welfare  of  the  country,  were  now  removed, 
the  pleasure  of  such  meetings  would  be  oftener  experienced.15 
They  acknowledged  themselves  to  be  under  the  greatest  obliga- 
tions to  the  Queen,  and  trusted  that  their  actions  would  manifest 
a  proper  sense  of  the  kindness  she  had  shown.  The  session  be- 
ing thus  happily  opened,  the  House  proceeded  to  re-enact  some 
of  the  laws  which  had  formerly  been  rejected  by  the  Council,  and 
to  pass  others  which  were  supposed  to  be  required.  The  sum  of 
two  thousand  five  hundred  pounds  was  granted  for  the  support  of 
government  for  two  years.  An  act  was  passed  that  the  solemn 
affirmation  and  declaration  of  the  people  called  Quakers,  should 
be  accepted  instead  of  an  oath  in  the  usual  form,  and  also  for 
qualifying  and  enabling  the  'said  people  to  serve  as  jurors,  and  to 
execute  any  office  pr  place  of  trust  or  profit  within  the  province. 
The  disabilities  under  which  these  persons  had  laboured  on  ac- 
count of  their  testimony  against  oaths,  were  thus  entirely  re- 
moved. The  enactment  met  with  the  ready  assent  of  the  Governor 
and  Council,  and  indeed  they  had  concurred  in  promoting  it.  A 
separate  enactment  was  made  for  determining  the  qualifications 
of  jurors;  it  regulated  the  mode  of  summoning  them,  and  pre- 
scribed that  all  persons  summoned  to  serve  upon  grand  inquests, 
should  be  worth  at  least  one  hundred  pounds  in  real  estate,  within 
the  county  for  which  they  should  serve,  and  that  all  persons  sum- 
moned to  serve  on  petit  juries,  should  be  worth  one  hundred 

"  Pinhorne,  Coxe,  Somnans,  and  Hall,  had  been  removed  from  the  Council, 
and  soon  afterward  John  Anderson,  Elisha  Parker,  Thomas  Byerly,  John 
Hamilton,  and  John  Reading,  were  appointed. 

14  An  intimation  was  thus  given  tha't  more  frequent  meetings  of  the  Assem- 
bly would  give  greater  satisfaction- 


HUNTER'S  ADMINISTRATION.  315 

•pounds  in  real  and  persona]  estate.16  The  militia  law  of  the  pro- 
vince was  settled  with  new  and  more  liberal  provisions.  An  act 
was  also  passed  "for  regulating  slaves."  The  encouragement 
given  to  slavery  in  the  instructions  of  the  Queen,  had  tended  to 
give  it  a  permanent  place  in  the  province.  The  regulations  now 
made  were  designed  to  protect  the  masters  by  preventing  the 
elopement  or  absence  of  slaves,  and  also  to  enforce  the  good  con- 
duct of  the  latter.  And  it  was  also  provided  "  that  no  negro,  Indian, 
or  mulatto  that  should  afterwards  be  made  free,  should  be  allowed 
to  enjoy,  hold  or  possess  any  houses,  lands,  tenements,  or  here- 
ditaments within  the  province,  in  his  or  her  fee  simple,  or  fee  tail, 
but  that  the  same  should  escheat  to  her  Majesty,  her  heirs  and 
successors."  And  it  was  also  provided,  that  inasmuch  "as  free 
negroes  were  an  idle  and  slothful  people,"  that  any  person  manu- 
mitting and  setting  at  liberty  any  negro  or  mulatto  slave,  should 
enter  into  sufficient  security  to  pay  yearly  and  every  year  to  such 
negro  or  mulatto  during  their  lives,  the  sum  of  twenty  pounds.17 
It  was  also  enacted  that  a  duty  of  ten  pounds  should  be  paid  on 
every  negro,  Indian,  or  mulatto  slave  imported  into  the  province. 
It  may  be  supposed  that  this  tariff  upon  slaves  was  established 
less  with  a  view  to  the  raising  of  revenue,  than  to  the  discourage- 
ment of  the  traffic  itself.  Regulations  were  made  for  the  more 
precise  determination  of  the  limits  of  some  of  the  counties,  and  a 
new  county  to  be  called  "the  county  of  Hunterdon,"  was  erected. 
It  was  taken  from  Burlington."  To  Hunterdon  was  given  all  the 
powers,  jurisdictions  and  privileges  that  belonged  to  other  counties, 
except  a  choice  of  members  to  the  General  Assembly,  which  was 
reserved  until  her  Majesty's  pleasure  should  be  known,  or  until  it 
should  be  otherwise  ordered  by  the  General  Assembly.  The  people 
of  Hunterdon  were  to  continue,  in  the  interim,  to  act  with  Burling- 
ton in  the  election  of  Representatives.  An  enactment  was  passed 
by  the  Assembly  regulating  in  certain  particulars  the  administra- 
tion of  justice  in  the  courts  of  the  province,  and  for  reviving  and 
continuing  courts  in  some  of  the  counties. 

16  The  instructions  required  that  some  limit  should  be  set  in  .goods  or  lands 
below  which  persons  should  not  serve  as  jurors.     Article  88  of  Instructions. 
"  Allinson's  Laws  of  New  Jersey,  p.  24. 


316  HUNTER'S'  ADMINISTRATION. 

The  business  of  the  session  being  concluded,  the  House  was 
adjourned  with  expressions  of  satisfaction  from  the  Governor. 
He  thanked  the  House  for  the  support  that  had  been  given  her 
Majesty's  government,  and  the  salu-tary  enactments  that  had  been 
made;  some  things,  he  observed,  that  "fn  their  nature  were  acts 
of  favor,  I  have  agreed,  to  be  made;  acts  of  Assembly,  that  your 
share  may  be  greater  in  the  grateful  acknowledgements  of  your 
country."18 

A  period  succeeded  in  which  nothing  occurred  of  sufficient  im- 
portance to  the  province  to  call  for  more  than  incidental  observance. 

The  peace  of  Utrecht,  which  was  concluded  on  the  31st  of 
March, '1713,  put  an  end  to  hostilities  between  England  and 
France,  and  relieved  the  colonies  from  the  dangers  and  the  de- 
mands, which,  the  prosecution  of  the  war  had  subjected  them  to. 
On  the  1st  of  August,  1714,  the  death  of  Anne  Queen  of  England, 
took  place.  Her  reign  had  been  one  of  importance  in  English 
history,  and  of  especial  interest  to  the  province  of  New  Jersey 
from  the  change  which  occurred  in  the  form,  of  its  government. 
Upon  the  accession  of  George  the  First,  which  took  place  August 
6th,'  1714,  a  new  commission  was  sent  to  Governor  Hunter,  and 
an  Assembly  was  summoned  to  meet. at  Perth  Amboy  on  the  4th 
of  April,  1716.  But  difficulty,  arose  at-  the  very  commencement 
of  the  session.  Ii  has  been  seen,  that  in  1609  an  act  had  been 
passed  that  the  meetings  of  the  Assembly  should  be  held  at  Bur- 
lington until  otherwise  ordered  by  law.  This  .act,  though  not 
strictly  in  accordance  with  her  Majesty's  instructions,  had  been 


18  The  particular  laws  which  were  considered  by  the  Governor  to  be  "  acts  of 
fevor,"  were  not  stated,  but  it  is  probable  they  were  enactments  relating  to  the 
administration  of  justice,  especially  an  act  for  shortening  law  suits,  and  regu- 
lating the  practice  of  the  law,  and  an  act  to  enforce  the  ordinance  for  establish- 
ing fees.  But  the  conduct  of  the  Governor  was  somewhat  less  generous  than 
his  expressions  would  seem  to  imply,  for  he  afterwards  represented  that  these 
acts  would  be  injurious,  and  ad.vised  his  Majesty  that  they  should  be  disallowed, 
stating  also  that  the  laws  had  been  particularly  designed  to  punish  the  then 
Secretary  of  the  province,  (who  was  especially  affected  thereby,)  he  being  a 
person  of  bad  reputation.  From  this  representation,  the  acts  in  question  were 
made  to  appear,  not  only  as  injurious  in  themselves,  but  as  being  designed  to 
serve  a  temporary  purpose,  rather  than  as  important  measures  of  public  policy. 


HUNTER'S  ADMINISTRATION.  317 

assented  to  by  the  Governor,  and  afterwards  confirmed  by  the 
Queen.  Notwithstanding  this,  the  present  Assembly  had  been 
summoned  to  meet  at  Perth  Amboy.  Soon  after  their  meeting,  a 
resolution  was  passed  by  the  House  that  his  Excellency  should 
be  waited  upon  with  a  request,  that  he  would  be  pleased  to  lay 
before- the  House,  a  copy  of  his  Majesty's  instructions  relating  to 
the  sitting  of  the  Assembly  at  Perth  Amboy.  The  Governor  at 
once  complied  with  the  request.  It  was  then  resolved  that  an 
address  should  be  made  to  his  Excellency  upon  the  subject,  with 
a  request  that  the  sitting  of  the  Assembly  might  be  prorouged  to 
Burlington.  In  the  address  they  said,  that  they  were  entirely  in- 
clined to  pay  all  obedience  to  his  Majesty's  and  the  Governor's 
commands,  but  yet  they  could  not  but  think  that  it  was  their  duty  to 
observe  and  maintain  the  laws  of  the  province;. that  the  law  re- 
specting the  sittings  of  the  Assembly  had  passed  through  all  the 
necessary  forms,  and  they  could  not  but  suppose  that  it  continued 
in  force,  and  would  so  continue,  until  repealed. 

Jn  reply,  the  Governor  stated,  that  he  had  received  instructions 
from  the  King,  directing  the  Assembly  to  sit  at  Amboy,  which  he 
was  bound  to  obey.  That  the  confirmation  of  the  act  by  the  late 
Queen  was  temporary,  and  continued  but  during  her  life,  being 
part  of  the  prerogative  of  the  Crown  which  she  could  not  part 
with  longer,  but  might  be  resumed  by  the  successor.  Also,  that 
for  reasons  of  great  consequence,  he  could  not  meet  either  Council 
or  Assembly,  at  Burlington.  In  a  subsequent  communication  he 
further  stated,  that  the  power  of  calling  even  parliaments  to  any 
particular  place,  being  an  undoubted  part  of  the  prerogative,  the 
late  Queen's  approbation  of  the  law  could  only  be  taken  as  dis- 
pensing with  the  exercise  of  that  part  of  her  prerogative,  but  that 
such  a  concession  would  not  be  binding  upon  her  successor;  and 
beside,  that  his  Majesty's  instructions  in  regard  to  the  meetings 
of  the  House,  had  only  restored  the  affair  "to  the  just  and  equal 
foot"  upon  which  it  was  placed  at.  the  time  of  the  surrender.19 
As  the  directions  to  the  Governor  had  been  precise,  and  as  these 
were  taken  as  his  rule,  the  Assembly  were  obliged  to  submit,  and 
to  continue  the  session  at  the  place  appointed.  But  full  satisfac- 

'"  Votes,  vol.  1. 


318  HUNTER'S  ADMINISTRATION. 

tion  was  not  felt.  The  Speaker  of  the  House  too,  Colonel  Daniel 
Coxe,  as  well  as  some  other  members,  were  unfriendly  to  the 
Governor.  Coxe  had  been  among  the  members  of  Council  for- 
merly displaced,  and  the  agency  of  the  Governor  in  forwarding 
that  measure,  may  not  have  been  forgotten,  or  forgiven.  These 
several  circumstances  were  unfavorable  to  harmonious  action. 
The  business  of  the  session  was  entered  upon  with  little  alacrity, 
and  was  but  tardily  conducted.  Much  time  was  occupied  in 
committee  of  the  whole  House,  in  considering  the  Governor's  ad- 
dress. At  length  the  Governor  resolved  upon  prorogueing  the 
Assembly,  probably  with  the  hope  that  time  would  remove,  or 
allay,  the  dissatisfaction  that  had  arisen. 

But  this  hope,  in  regard  to  a  portion  of  the  House,  at  least,  was 
not  to  be  realized.  At  the  time  of  meeting,  (the  14th  of  May,)  several 
of  the  members  failed  to  appear,  and  among  this  number  was  the 
Speaker  of  the  House.  After  a  delay  of  five  days,  the  members 
present,  nine  in  number,  presented  an  address  to  the  Governor, 
requesting  him  to  take  such  methods  as  might  be  deemed  proper 
to  cause  the  absent  members  to  attend  in  their  places.  He  ac- 
cordingly sent  warrants  to  the  several  delinquents,  commanding 
their  attendance,  as  they  would  answer  the  contrary  at  their  peril. 
Four  immediately  obeyed  the  warrants,  and  the  number  then  present 
making  a  quorum,  proceeded,  upon  the  Governor's  recommenda- 
tion, to  organize  the  House.  John  Kinsey  was  chosen  as  Speaker. 
His  Excellency  immediately  delivered  an  address,  expressing 
much  satisfaction  at  their  selection  of  a  Speaker,  and  remarked, 
that  the  conduct  of  the  former  one  gave  sufficient  evidence  of  a 
combination  between  him  and  his  associates  to  prevent  the  trans- 
action of  the  necessary  business  of  the  province,  and  he  hoped 
that  all  would  be  made  sensible  of  the  sinister  arts  and  practices 
of  these  persons,  so  that  no  further  evil  might  be  done.  He  re- 
commended that  the  support  of  the  government  should  be  provided 
for,  and  the  bills  of  credit  renewed,  in  order  that  the  province 
might  be  seasonably  provided  with  a  currency  for  ordinary  uses. 

The -House,  as  now  constituted,  seemed  quite  ready  to  second 
the  Governor's  views ;  one  of  their  first  measures  was  an  inquiry 
concerning  the  conduct  of  the  late  Speaker,  and  the  absent  mem- 
bers, which  after  some  discussion  resulted  in  the  expulsion  of  the 


HUNTER'S  ADMINISTRATION.  31'J 

whole  from  the  House.20  An  address  in  reply  to  the  Governor's 
communication  was  also  agreed  to.  In  this  it  was  said,  that  his 
Excellency's  administration  had  been  a  continued  series  of  Justice 
and  moderation,  and  that  the  House  would  not  be  wanting  in  en- 
de^ivours  to  make  a  suitable  return.  That  the  late  Speaker  of  the 
House  had  given  a  now  proof  that  in  all  situations  it  had  been  his 
study  to  disturb  the  tranquillity  of  the  province,  and  to  act  in  con- 
tempt of  the  laws  and  government;  and  a  hope  was  expressed  that 
his  expulsion  -would  be  considered  as  a  sufficient  vindication  of 
the  character  of  the  House  from  any  suspicion  of  a  concurrence 
in  his  purposes  or  acts.  Complaisance  to  the  Governor,  or  in- 
dignation against  the  conduct  of  the  factious  members,  carried  the 
House  still  farther.  It  was  resolved,  that  these  members  should 
not  be  admitted  to  their  seats  during  the  session,  even  if  returned 
by  a  new  election,  and  at  the  next  sitting  of  the  House,  when  some 
of  these  persons  were  so  returned,  the  resolution  was  adhered  to.21 

These  proceedings  occupied  much  of  the  attention  of  the  House 
and  the  meeting  closed,  with  the  important  result  of  a  restoration 
of  harmony  between  the  branches  of  the  government,  but  with 
little  beside. 

On  the  27th  of  November,  of  the  same  year,  the  Assembly  was 
convened  at  Chesterfield.22  The  Governor  represented  the  neces- 
sity of  adopting  immediate  measures  for  the  support  of  govern- 
ment and  the  public  credit,  as  the  funds  provided  for  the  former 
were  wholly  exhausted,  and  as  the  latter  had  suffered  greatly  in 

ao  The  expelled  members  were  Col.  Daniel  Coxe  and  Richard  Ball,  members 
from  Gloucester,  Henry  Brockholst  and  David  Ackerman,  from  Bergen,  William 
Hall  and  William  Claws,  from  the  county  of  Salem,  Henry  Joyce,  from  the 
town  of  Salem,  and  Jacob  Hulings,  from  Cape  May.  Jacob  Spicer,  from  Cape 
May,  being  brought  before  the  House  at  its  next  meeting,  by  the  Sergeant  at 
Arms,  prayed  the  House  to  pardon  his  absence,  it  not  being  wilful,  or  wilh  con- 
tempt, "having  had  more  than  ordinary  occasions  which  had  detained  him  from 
attending  the  service  of  the  House."  Whereupon  the  House  "were  willing  to 
be  favorable  to  him,  and  ordered  that  he  be  discharged  upon  paying  his  fees." 
He  was  then  directed  to  take  his  seat. 

21  Richard  Bull,  from  Gloucester,  and  William  Hall,  from  Salem,  were  thus 
returned.  The  House  declared  that  "  they  could  not  recede  from  their  former 
resolves." 

52  By  reason  of  the  Small  Pox  being  at  Burlington. 


820  Ill'XTKR's    ADMINISTRATION"* 

consequence  of  failure  in  the  collection  of  taxes,  and  he  trusted, 
as  they  were  now  met  with  good  dispositions,  and  without  any 
"clog^or  bars,"  they  would  be  able  to  pursue  the  objects  of  their 
njeeting,  and  make»gqod  the  engagements  and  promises  contained 
in  their  former  addresses.  The  House  proceeded  in  accordance 
with  these  recommendations.  A  gropnd  of?fermer  difficulty  was 
entirely  removed  by  an  act  repealing  the'£«t*whfch  greeted  that 
the  sittings  of  the  Assembly  should  be  held  at .  Birr-ljngton ;  that 
act,  it  was  said,  "being  contrary  to  royal  instructions, 'and  being" 
found  prejudicial  to  the  eastern  division."  The  finances  of  the 
province  were  inquired  into,  and  the-  Amount  and  causes  of  the 
deficiency  determined.23 

The  expenses  required  \>y  the  late  military  expeditions  had 
rendered  it  necessary  to  contract  a -large  debt- by  the  issue  of  bills 
of  credit;  but  it  was  asserted  that  the  provisions  for  sinking  these 
bills  would  have  been  Tjuite  sufficient,  if  faithfully  observed^and 
carried  ouF.  •  Enactments  \vere- therefore  made  to  enforce  the-col- 
lection  of  arrearages  from  delinquent  counties;  for  the  more  regular 
appointment  of  Assessors  and  Collectors,  and  for  holding  these 
officers  to  closer  accountability.  As  a  further  means  of  increasing 
tfte  revenue,  an  excise  was  laid  upon  all  spirituous  liquors  retailed- 
within  the  province,  and  it  was  expressly  declared  that  the  amount 
should  be  used,  for,  and  towards  the  support  of  the  government. 
To  meet  the  present  necessities,  an  act  was  passed  for  a  new  issue 
of  bills  of  credit  to  the  amount  of  eleven  thousand  six  hundred  and 
seventy-five  ounces  of  plate.  A  bill  was  agreed  to  for  the  support 
of  government,  for  three  years,  which  assigned  to  the  Governor 
the  sum  of  six  hundred  pounds  per  annum.24 

After  a  meeting  which  terminated  without  the  transaction  of  any 
important  business,  the  General  Assembly  convened  at  Perth 
Amboy  on  the  13th  of  January,  1718.  The  Governor  informed 
the  House  that  the  revenue  was  again  exhausted,  and  mentioned 


23  More  than  seventeen  hundred  pounds  in  bills  of  credit  were  yet  out,  and 
the  treasury  empty. 

21  The  Chief  Justice  was  to  receive  one  hundred  pounds,  the  Attorney  Gene- 
ral fifty  pounds,  the  members  of  Council,  who  attended  during  the  sitting  of  the 
House,  five  shillings  per  Hay,  and  the  Representatives  five  shillings  per  day. 


BURNET'S   ADMINISTRATION.  821 

also,  that  the  salaries  of  the  public  officers  were  so  small  and  so 
retrenched  from  what  they  had  been,  that  the  officers  were  not 
properly  supported ;  and  an  augmentation  was  asked.  He  stated 
that  the  Assembly  of  New  York  had  passed  a  law  for  running  the 
division  line  between  the  two  provinces,  with  the  expectation  that 
a  similar  measure  would  be  adopted  in  New  Jersey.  He  also 
recommended,  that  an  agent  should  be  appointed  to  represent  the 
interests  of  the  province  in  England,  no  other  province  being  with- 
out such  an  officer ;  and  that  on  several  occasions  he  had  himself 
employed  persons,  at  much  expense,  to  transact  business  that 
could  not  properly  be  delayed.  The  Assembly  stated,  in  reply, 
that  although  they  were  sensible  of  the  importance  of  having  an 
agent  in  England,  the  circumstances  of  the  province  were  such 
that  suitable  provision  for  the  maintenance  of  such  officer  could 
not  immediately  be  made.  In  accordance  with  the  Governor's 
recommendation,  an  act  was  passed  for  determining  the  line  of 
division  between  New  York  and  New  Jersey,  and  another  for 
settling  the  boundary  between  East  and  West  New  Jersey.25 

The  Assembly  was  not  again  convened  by  Governor  Hunter. 
In  1719,  he  left  the  province  for  England,  but  expressed  an  in- 
tention, with  the  King's  permission,  to  return;  this  intention  how- 
ever was  not  fulfilled ;  upon  his  arrival  in  England,  an  agreement 
was  made  by  which  his  government  was  exchanged  with  William 
Burnet,  Esq.,  for  the  office  of  Comptroller  of  the  Customs,  and 
the  latter  soon  entered  upon  office.26 

William  Burnet,  Esq.,  was  the  son  of  the  well  known  prelate, 
Bishop  Burnet.  If  the  new  Governor  derived  no  celebrity  from 
nobility  of  birth,  he  inherited  a  name  that  piety  and  learning  had 
raised  to  distinction.  His  intercourse  and  intimacy  with  the  late 
Governor  enabled  him  to  acquire  in  advance,  some  knowledge  of 
the  state  of  affairs  in  the  province,  as  well  as  of  the  character  of 


M  The  Commissioners  appointed  under  the  first  act,  fixed  the  northern  point 
of  division  in  latitude  41°  40'.     Nothing  was  done  under  the  latter  act. 

Gordon,  p.  91. 

*  Governor  Hunter  had  conducted  himself  in  office  under  circumstances  of 
some  difficulty,  with  a  degree  of  prudence  and  address,  and  the  Legislature  both 
of  New  Jersey  and  New  York  expressed  their  approbation  of  his  course. 
41 


322  BURNETT'S  ADMINISTRATION. 

parties  and  of  men;  and  he  entered  upon  his  duties  at  a  time  when 
the  relations  between  the  different  branches  of  the  government 
appeared  to  be  of  the  most  amicable  kind.  But  the  new  Governor 
was  either  less  cautious,  or  less  fortunate  than  his  predecessor. 
The  province,  as  has  been  seen,  was  encumbered  with  debt,  and  the 
Assembly  in  the  former  administration  had  shown  a  laudable  care 
and  concern  on  this  account.  The  same  Assembly  was  convened 
by  Governor  Burnet  on  the  28th  of  February,  1721.  At  that  time 
the  Governor  set  forth  the  favorable  opinions  he  had  entertained 
of  the  Assembly  from  the  character  given  of  them  by  his  prede- 
cessor, and  said  that  he  was  further  encouraged  in  his  expectations 
from  them,  by  the  loyalty  which  the  neighbouring  province  had 
shown  in  granting  a  revenue ;  and  that  as  this  colony  was  increas- 
ing in  people  and  property,  the  support  of  government  would  be 
easier  than  it  formerly  was.  He  stated  that  he  had  found  the 
salaries  of  officers  lessened  when  they  should  have  been  increased, 
and  that  the  credit  of  the  colony  was  suffering  for  the  want  of  a 
larger  amount  of  bills  for  currency.  He  hoped  that  these  de- 
ficiencies would  be  effectually  supplied,  and  reminded  the  House 
and  the  people,  of  their  great  happiness  in  being  under  his  Majesty's 
government,  and  expressed  a  hope  that  a  just  sense  of  the  bless- 
ings they  enjoyed,  would  dispose  to  such  manifestations  of  duty 
and  gratitude,  as  might  be  expected  from  good  subjects,  to  such  a 
prince.27  The  reply  of  the  House  was  extremely  guarded  and  brief. 
They  congratulated  his  Excellency  upon  his  accession,  and  stated, 
that  they  should  use  their  utmost  endeavours  to  serve  their  King  and 
country,  under  the  difficult  circumstances  that  existed.  The  cold- 
ness shown  by  the  Assembly  in  their  address,  and  their  imperfect 
compliance  with  his  wishes,  induced  the  Governor  to  prorogue  the 
House  at  an  early  period,  and  he  used  the  occasion  to  make  a  still 
further  declaration  of  his  expectations  and  views.  He  said,  that  he 
had  hoped  to  have  found  in  them  a  disposition  suitable  to  the  charac- 
ter that  had  been  given  of  them,  but  that  their  past  resolves  had 
fallen  short  not  only  of  his  own  expectations,  but  also  of  his  Majes- 
ty's instructions  to  him.  His  Majesty,  he  said,  had  expressly 
directed,  that  all  laws  made  for  the  supply  and  support  of  govern- 

21  Minutes,  vol.  1. 


BURNET'S    ADMINISTRATION.  323 

ment  should  be  indefinite  and  without  limitation,  except  the  same 
should  be  for  some  merely  temporary  service.  The  meaning  of 
this  instruction,  he  said,  would  appear  from  the  practice  of  the 
Parliament  of  Great  Britain,  who  at  the  accession  of  a  new  Prince, 
settled  a  revenue  for  the  support  of  the  government  during  the 
life  of  the  Prince,  He  had  prorogued  them,  he  said,  that  they 
might  begin  anew,  and  show  their  loyalty  by  a  due  regard  to  his 
Majesty's  commands.  He  also  observed,  that  long  sittings  of  the 
Assembly  were  a  great  burden  and  expense,  and  that  if  they  should 
once  settle  a  lasting  revenue,  they  would  be  able  to  go  through 
the  other  business  in  much  shorter  meetings,  which  he  promised 
they  should  have,  as  often  as  they  desired.  It  could  hardly  be 
expected  that  the  recommendations  of  the  Governor  in  the  particu- 
lars just  mentioned,  would  be  very  acceptable;  and  communications 
were  made  at  the  next  meeting,  but  little  more  calculated  to  give 
satisfaction.  The  Governor  stated,  that  the  laws  heretofore  passed 
by  the  Assembly  for  regulating  the  choice  and  the  qualifications 
of  members,  were  not  in  force,  having  never  been  confirmed  by 
his  Majesty;  but  that  the  instructions  given  by  her  late  Majesty, 
Queen  Anne,  upon  these  particulars,  were  still  the  law,  and  were 
to  be  observed;  he  also  stated,  in  reply  to  a  request  that  the 
members  might  be  sworn  in  their  own  House,  that  it  was  neces- 
sary that  every  member  of  the  House  should  be  sworn  before  the 
Governor.  A  reply  was  made  by  the  House,  and  several  resolu- 
tions relating  to  the  demands  and  the  course  of  the  Governor,  were 
also  adopted.  In  these  modes,  they  asserted,  that  they  were,  and 
had  always  been  disposed  to  show  their  loyalty  to  his  Majesty,  in 
such  manner  as  the  circumstances  of  the  province  would  allow; 
that  it  had  not  been  unusual  for  the  members  to  be  sworn  in  their 
own  House,  for  which  reason  they  had  made  the  request;  and 
that  all  laws  passed  by  the  Governor,  Council  and  Assembly, 
were  in  force  until  they  were  disalloiued  by  his  Majesty,  or  re- 
pealed in  the  province.  They  objected  to  the  "intermeddling"  of 
the  Governor  with  the  business  of  the  House,  which  they  con- 
sidered to  be  a  breach  of  their  rights  and  privileges.  They  also 
complained  on  account  of  his  demand  for  permanent  support  of 
the  government,  and  of  his  assertion  that  unless  such  provision 
should  be  made  for  at  least  five  years,  he  would  pass  no  bill.  An 


324 


BURNET  S    ADMINISTRATION. 


act  for  the  support  of  the  government  for  two  years  was  then 
agreed  to  by  the  Assembly,  and  full  provision  was  made  for  rais- 
ing the  amount  by  taxes.  But  this  enactment  failed ;  the  Council, 
assuming  unusual  authority,  made  numerous  amendments  to  the 
bill,  and  returned  it  to  the  House ;  the  latter,  however,  denied  the 
right  of  the  Council  to  amend  a  money  bill,  and  thus  the  gevern- 
ment  was  left  without  any  support.  In  noticing  these  proceedings 
the  Governor  indulged  in  rather  angry  remark.  He  told  the  House 
that  they  seemed  fond  of  the  word  privilege,  though  what  they  had 
of  that  kind,  was  owing  to  the  goodness  of  the  Crown ;  and  he  de- 
clared that  "your  conduct  has  carried  in  it  so  much  indignity  to 
his  majesty,  and  would  prove,  if  not  timely  prevented,  such  an 
oppression  to  the  colony,  that  I  will  rather  serve  for  nothing,  and 
spend  my  own  fortune  in  the  defence  of  his  Majesty's  honor,  and 
the  welfare  of  the  province,  than  ever  give  way  to  it."  He  there- 
upon dissolved  the  Assembly  "from  being,  sitting,  or  acting  any 
more  as  the  General  Assembly  of  the  province."  The  disagree- 
ment that  occurred  at  this  time  between  his  Excellency,  and  the 
House,  was  in  strong  contrast  with  the  harmony  that  had  existed 
between  the  same  body,  and  Governor  Hunter.28  The  urgency 
of  Governor  Burnet  for  an  increased  and  permanent  revenue  for 
the  support  of  government,  at  a  time  when  the  province  was  em- 
barrassed; his  apparent  anxiety  to  restrict  the  action  of  the  As- 
sembly; together  with  the  assumptions  of  the  Council,  were  calcu- 
lated to  excite  dissatisfaction.  The  Assembly  too  seemed  quite 
\mcomplymg.  In  addition  to  the  reasons  just  mentioned,  they 
^doubted  the  propriety,  and  even  the  legality  of  the  continuance  of 
the  Assembly  which  the  former  Governor  had  called,  and  their 
reluctance  to  longer  service  was  not  disguised.29 

«  The  Governor  seemed  to  be  sensible  of  this  difference,  and  in  explanation 
thereof  said,  that  his  predecessor  "  had  the  misfortune  in  the  late  Queen's  time 
not  to  be  supported  at  home  in  his  just  demands,  and  when  a  Governor  is  so 
unfortunate  as  not  to  be  sufficiently  protected  at  home,  it  may  induce  him  to 
compliances  which  he  could  not  otherwise  justify." 

29  The  Governor  produced  especial  instructions  from  the  Lords  of  trade,  war- 
ranting him  in  continuing  the  Assembly,  which,  it  was  said,  was  "  exactly  con- 
foimable  to  the  practice  in  Ireland,  where  one  Parliament  has  subsisted  under 
different  Governors  since  his  Majesty's  accession  to  the  throne." 


BTRNET'S  ADMINISTRATION.  325 

Not  long  after  the  dissolution  of  the  House,  a  new  one  was 
called.30  In  modified  and  somewhat  softened  terms,  the  Governor 
presented  to  the  new  Assembly,  the  wishes  and  views  he  had 
formerly  expressed.  He  did  not  doubt  that  after  so  long  a  time 
had  been  given  to  weigh  and  consider  every  particular,  they  had 
brought  with  them  a  resolution  to  support  his  Majesty's  govern- 
ment in  an  ample  and  honorable  manner;  with  com'mendable 
generosity  he  desired  them  "not  to  think  of  me,"  but  to  make 
fuller  provision  for  the  inferior  officers  of  government.  He  again 
adverted  to  the  great  advantages  enjoyed  under  his  Majesty's 
reign,  and  enlarged  upon  the  great  deliverance  that  had  been  ex- 
perienced in  an  escape  from  under  the  rule  of  "  a  Popish  King  and 
a  French  government."  The  expressions,  as  well  as  the  acts  of 
the  new  Assembly,  accorded  in  a  great  degree  Avith  the  Governor's 
views.  One  of  their  earliest  measures  was  the  passage  of  an  act 
"for  the  security  of  his  Majesty's  government  in  America."  It 
was  chiefly  designed  to  provide  securities  against  the  designs,  and 
acts,  of  the  adherents  to  the  Popish  religion.  It  was  supposed 
that  the  people  of  this  faith,  if  not  especially  opposed  to  the  go- 
vernment of  the  province,  still  felt  themselves  at  liberty,  and  in- 
deed felt  bound,  to  use  every  exertion  for  the  restoration  of  Popish 
supremacy.  At  the  first  institution  of  the  government,  Papists 
had  been  expressly  excepted  from  the  grant  of  liberty  of  con- 
science, and  by  the  present  act  they  were  subjected  to  rigid  re- 
strictions. It  was  made  lawful  for  any  two  or  more  Justices  of 
the  Peace,  to  administer  and  tender  a  certain  oath  and  declaration, 
to  any  whom  they  might  suspect  of  being  dangerous  or  disaffected 
to  his  Majesty's  government,  and  if  any  such  persons  should  re- 
fuse to  take  the  oath,  and  make  the  declaration,  they  were  to  be 
esteemed  and  adjudged  to  be  Popish  recusant  convicts,  and  as 
such  should  be  proceeded  against.31  Whether  any  particular  ap- 


30  The  Assembly  was  dissolved  on  the  26th  of  May,  1721,    The  precise  date 
of  the  meeting  of  the  new  one  is  not  known,  but  it  was  in  the  early  part  of  the 
same  year. 

31  Suspected  persons  were  required  to  swear  that  they  would  be  faithful,  and 
bear  true  allegiance  to  his  Majesty;  and  that  they  did  in  their  hearts  abhor, 
detest,  and  abjure  that  impious  and  heretical  doctrine,  and  position,  that  princes 


326  BURNET'S   ADMINISTRATION. 

pearances  or  acts  had  been  noticed,  calling  for  such  restraints,  is 
not  known ;  but,  if  in  conformity  with  the  royal  instructions,  and 
with  the  temper  of  the  English  government  at  the  time,  and  with 
the  Governor's  views,  they  were  yet  but  little  in  harmony  with 
the  broad  declarations  in  regard  to  freedom  in  religious  matters, 
that  had  been  made  in  the  province,  at  a  former  period.  The  act 
passed  for  the  support  of  government  at  the  present  sitting,  also 
measurably  accorded  with  the  Governor's  desires ;  it  was  to  con- 
tinue for  the  period  of  five  years.  But  the  liberality  of  his  Ex- 
cellency's expressions  in  regard  to  provision  for  himself,  was 
perhaps  too  strictly  interpreted.  The  salary  formerly  granted  to 
Governor  Hunter,  was  reduced  by  one  hundred  pounds ;  but  five 
hundred  being  now  allowed.  Yet  full  satisfaction  was  expressed, 
and  the  Governor  dismissed  the  House  with  thanks  for  their  pro- 
ceedings, and  particularly  for  the  cheerful  and  honorable  support 
that  had  been  given,  and  for  the  act  for  the  security  of  his  Majesty's 
government  in  the  province,  the  latter  of  which  he  regarded  as 
"the  noblest  present  of  the  two." 

At  the  next  meeting  of  the  Assembly,  which  took  place  in  1723, 
the  attention  of  the  House  was  particularly  directed  toward  finan- 
cial concerns.  The  Governor  stated  in  his  address,  that  the  pro- 
vision they  had  made  for  the  support  of  the  government,  had  left 
him  but  little  to  ask  in  that  respect,  but  he  thought  proper  to  re- 
mind them  of  the  indebtedness  of  the  province.  Numerous  peti- 
tions were  also  received  from  the  people,  representing  the  great 
want  of  a  paper  currency.  It  was  stated  that  the  province  had 
been  drained  of  a  specie  currency  by  reason  that  the  produce  of 
the  country  had  been  chiefly  sold  in  neighbouring  provinces,  where 
a  currency  of  paper  was  in  circulation,  and  which  the  people  had 

ex-communicated  by  the  Pope,  may  be  deposed  or  murdered  by  their  subjects, 
or  by  any  other  person.  They  were  also  to  swear  that  they  would  bear  faithful 
and  true  allegiance  to  his  Majesty  King  George,  and  that  the  pretender  had  no 
right  or  title  whatever,  to  the  Crown  of  Great  Britian.  In  the  declaration,  they 
were  required  to  testify  and  declare  as  their  belief,  that  in  the  sacrament  of  the 
Lord's  Supper,  there  is  not  any  transubstantiation  of  the  bread  and  wine  into 
the  body  and  blood  of  Christ,  and  that  the  invocation  or  adoration  of  the  Virgin 
Mary,  or  any  other  Saint,  and  the  sacrifice  of  the  mass,  are  superstitions  and 
idolatrous.  Allinson's  Laws  of  New  Jersey,  p.  64. 


BURNET'S  ADMINISTRATION.  327 

been  obliged  to  receive ;  yet  this  foreign  currency  was  not  a  legal 
tender  in  the  province,  and  therefore  was  not  received  in  the  pay- 
ment of  taxes.  To  meet  the  several  objects  in  view,  the  Assembly 
resolved  upon  a  new  expedient.  They  authorized  the  emission 
of  forty  thousand  pounds  in  bills  of  credit,  to  be  issued  principally 
in  loans.  The  amount  was  to  be  distributed,  in  a  certain  propor- 
tion, among  the  counties,  and  the  issues  to  be  made  through  offices 
established  for  the  purpose.  The  bills  were  made  a  legal  tender 
in  all  transactions,  and  a  certain  portion  was  specifically  applied 
to  the  redemption  of  the  bills  of  credit  formerly  emitted,  and  the 
interest  thereon.  An  interest  of  five  per  cent,  upon  all  loans  was 
demanded,  and  the  interest  accrueing,  was  to  be  appropriated  in 
part,  to  sinking  the  bills,  and  in  part,  to  the  support  of  government, 
under  the  direction  of  the  Governor,  Council,  and  Assembly.32 
This  policy  was  afterwards  continued,  and  the  loan  office,  came 
to  be  an  important  instrument  in  the  management  of  the  financial 
business  of  the  province. 

It  seemed  to  be  the  misfortune  of  Governor  Burnet,  (or  as  he  may 
have  regarded  it,  his  advantage,)  to  be  highly  instrumental  in  con- 
trolling and  annulling  provincial  legislation.  Beside  the  instances 
already  noticed,  he  received  and  communicated  new  instructions  at 
this  period,  from  the  Lords  of  trade  and  plantations  respecting  seve- 
ral acts  that  had  passed  in  the  former  administration.  He  was  in- 
formed that  three  acts  which  had  been  transmitted  for  approval, 
one  for  shortening  law  suits  and  regulating  the  practice  of  the  law; 


32  The  bills  emitted  under  this  act  were  to  be  used  as  a  general  currency,  and 
served  a  similar  purpose  as  the  banking  bills  of  modern  times.  The  operation, 
however,  was  entirely  different  from  banking.  The  authority  and  credit  of  the 
government  served  in  place  of  original  capital,  and  the  issues  were  made  upon 
real  and  not  personal  security.  No  loan  was  made  except  on  plate,  or  landed 
estate.  The  advantage  to  the  government  was  in  the  reception  of  interest  upon 
an  amount  of  capital  that  had  cost  it  nothing,  though  bound  to  see  that  it  was 
fairly  redeemed.  The  advantage  to  the  people  was  in  the  possession  and  use 
of  that  which  would  be  received  in  all  transactions,  and  which,  if  it  had  cost 
nothing  to  the  government,  had  served  as  money  to  them.  The  capital  would 
therefore  be  willingly  returned  by  the  borrower,  with  the  addition  of  interest, 
and  still  more,  as  this  additional  amount  (being  used  for  the  purposes  of  govern- 
ment,) if  not  paid  in  interest,  must,  at  least  in  part,  have  been  paid  as  tax. 


328  SUBNET'S   ADMINISTRATION. 

another  for  acknowledging  and  recording  deeds  within  each  of  the 
respective  counties  of  the  province ;  and  a  third  for  enforcing  the 
observation  of  the  ordinance  for  establishing  fees,  were  disallowed 
by  his  Majesty.  The  scope  of  these  acts,  it  was  said,  was  to  take 
away  the  accustomed  fees  of  office  from  persons  who  enjoyed  the 
same  by  immediate  patents  from  the  Crown,  by  which  appoint- 
ment of  the  Crown  the  dependence  of  the  plantations  was  in  some 
measure  secured  to  Great  Britain;  and  therefore  the  Lords,  as  they 
said,  had  counselled  his  Majesty  that  these  laws  should  be  an- 
nulled, they  "appearing  to  us  to  be  great  encroachments  upon 
the  prerogative  of  the  Crown."33 

In  regard  to  the  judicial  department,  the  authority  of  the  Gover- 
nor was  also  brought  into  exercise.  The  Assembly  made  an  humble 
address  to  his  Excellency,  representing  the  great  inconveniences 
the  people  were  subjected  to,  from  the  operations  of  the  ordinance 
directing  the  meetings  of  the  courts  of  judicature,  and  asking  leave 
to  bring  in  a  bill  to  remove  the  hardships  under  which  the  inhabi- 
tants laboured.  The  address  was  considered  by  the  Governor 
and  Council,  and  they  resolved,  that  it  would  be  proper  that  altera- 
tions should  be  made  in  the  ordinance,  but  that  leave  could  not  be 
given  to  the  Assembly  to  bring  in  a  bill,  as  prayed  for,  because,  by 
the  commission  of  his  Majesty  the  Governor  was  vested  with  the 
power  to  establish  and  regulate  the  courts  of  judicature,  and  the 
action  of  the  Assembly  therein,  would  deprive  his  Excellency  of 
his  proper  authority.  Another  question  of  some  importance  arose 
at  this  period.  It  related  to  the  constitution  of  the  General 
Assembly,  and  the  authority  by  which  it  existed,  and  might  be 
changed.  The  erection  of  Hunterdon  into  a  county  has  been 
noticed,  and  also,  the  suspension  of  the  election  of  members  to  the 
Assembly,  until  the  pleasure  of  the  Queen  should  be  known.  No 
decision  was  made  by  the  Queen,  but  the  matter  was  determined 

33  From  the  communication  of  the  Lords,  it  appeared  that  both  Governor 
Hunter  and  Governor  Burnet  had  represented  that  these  laws  should  be  re- 
pealed, as  they  were  injurious  to  the  jurisdiction  of  the  Supreme  Court,  and 
reduced  the  fees  of  the  patent  officers  so  that  they  could  not  subsist.  These 
laws,  however,  if  not  well  adapted  to  the  full  support  of  his  Majesty's  officers, 
or  of  the  royal  prerogative,  were  considered  by  the  people  as  highly  important 
to  their  interests. 


BURNET.'s    ADMINISTRATION.  829 

by  her  successor,  his  present  Majesty.  His  Majesty  referred  the 
question  as  to  his  authority  in  the  case,  to  his  legal  adviser,  and 
required  an  opinion.  The  Attorney  General,  Raymond,  advised 
his  Majesty,  that  "as  the  right  of  sending  Representatives  to  the 
Assembly  and  the  qualification  of  the  electors  and  elected,  de- 
pended upon  his  Majesty's  instructions,  he  might  make  any  altera- 
tions that  were  required,  and  therefore,  might  empower  the  new 
county  of  Hunterdon  to  send  two  Representatives,  and  restrain 
the  town  of  Salem  from  sending  any."34  The  Governor  was  in- 
structed accordingly.  The  declaration  that  the  right  of  represen- 
tation depended  wholly  upon  his  Majesty's  instructions,  went  to  the 
complete  subversion  of  English  liberty.  The  decision  was  not 
made  upon  the  ground  of  any  pretended  representation  of  the 
colonists  in  England,  but  upon  the  broad  assumption  that  the 
right  of  representation  in  the  province,  depended  entirely  upon  the 
will  of  the  King.  Such  questions,  it  has  been  said,  could  only  be 
settled  by  a  revolution.33 

The  General  Assembly  that  was  convened  in  1721,  continued 
in  being  until  1727,  and  a  period  of  more  than  two  years  had 
elapsed  in  which  no  meeting  had  been  called.  The  protracted 
recess,  as  well  as  the  long  continuance  of  the  same  body,  was  a 
cause  of  dissatisfaction  among  the  people ;  they  regarded  the 
frequent  renewal  of  their  deputies,  or  the  frequent  opportunity  of 
renewal,  as  an  important  security  to  their  interests.  Their  wishes 
were  complied  with,  and  a  new  Assembly  was  convened  on  the 
10th  of  February,  1727,  but  no  business  of  particular  importance 
was  then  transacted. 

In  the  latter  part  of  the  year  1727,  Governor  Burnet  departed 
from  the  province,  being  appointed  to  the  government  of  Massa- 
chusetts Bay.  He  had  strenuously  upheld  the  royal  authority, 
and  his  own,  and  resisted  every  attempt  toward  an  extension  of 
popular  privileges. 


"  Chalmer's  Opinion's  of  Lawyers,  vol.  1,  p.  267.  Upon  the  grant  to  Hun- 
terdon, it  was  thought  necessary  to  take  the  right  of  electing  members  from 
Salem,  in  order  that  the  proportionate  weight  of  the  two  divisions  of  the  province 
might  still  be  preserved. 

"  Pitkins'  United  States,  vol.  1,  p.  88. 
42 


330  MONTGOMERY'S    ADMINISTRATION. 

The  successor  to  the  office  of  Governor  of  New  Jersey  and 
New  York,  was  John  Montgomerie,  Esq.;  he  received  the  seals 
of  office  on  the  15th  of  April,  1728.  The  condition  of  the  pro- 
vince in  regard  to  its  internal  interests,  continued  nearly  the  same 
throughout  the  entire  period  of  his  continuance  in  office.36  But  an 
effort  was  made  with  a  view  to  procure  an  important  alteration 
in  the  administration  of  government.  The  connexion  between  New 
York  and  New  Jersey  in  being  included  together  under  one  Gover- 
nor, had  been  a  cause  of  injury,  rather  than  benefit  to  the  latter. 
As  the  smaller  province,  it  had  been  placed  in  a  kind  of  dependent 
relation,  and  had  experienced  the  evils  \vhich  such  a  relation  be- 
tween political  societies,  frequently  brings.  The  connexion  at  first 
had  been  but  reluctantly  yielded  to  by  New  Jersey,  and  an  entire 
separation  was  now  desired  and  sought.  In  1728,  a  motion  was 
made  in  the  General  Assembly  "whether  the  having  a  distinct 
Governor  for  New  Jersey,  be,  in  the  opinion  of  this  House,  for 
the  advantage  of  the  province,  or  not."  This  motion,  after  full 
consideration  and  debate,  was  carried,  and  it  was  also  resolved 
that  a  deputation  of  members  (which  was  at  once  appointed) 
should  wait  upon  the  Governor  and  Council,  and  inform  them  of  - 
the  action  of  the  House,  and  desire  their  concurrence  therein;  and 
also,  to  request  a  conference  as  to  the  proper  mode  of  proceeding 
in  the  case.  The  deputation  were  instructed  to  inform  the  Gover- 
nor, that  no  unfavorable  intentions  towards  him  had  prompted  the 
action  of  the  House,  but  only  a  desire  to  secure  the  object  in  view 
whenever  a  new  commission  should  be  given.  A  petition  to  the 
King  upon  the  subject  was  also  prepared.37  This  application, 


38  The  only  legislative  enactment  of. this  period  requiring  notice,  was  "an  act 
for  securing  the  freedom  of  Assemblies."  By  this  "freedom,"  however,  it  was 
only  meant  that  the  members  should  not  be  bound  by  any  engagements  in  office 
which  might  embarrass  their  action  as  Legislators.  The  act  provided  that  if 
any  member  should  accept  of  any  office  of  profit  from  the  Crown,  or  from  the 
Governor  for  the  time  being,  during  such  time  as  he  should  continue  a  mem- 
ber, his  election  should  be  void,  and  a  writ  for  a  new  election  should  be  issued. 

31  In  this  petition  it  was  represented  that  his  Majesty's  loyal  and  dutiful  sub- 
jects, the  Representatives  of  the  province  of  New  Jersey,  confided  in  his  Majes- 
ty's care,  and  in  his  desires  for  their  advantage  and  prosperity;  that  the  people 
of  New  Jersey  had  been  placed  under  the  same  Governor  with  his  Majesty's 


COSBV'S    ADMINISTRATION.  331 

though  not  attended  with  entire  success,  may  be  supposed  to  have 
opened  the  way  for  other,  and  more  effectual  attempts,  at  a  subse- 
quent period. 

After  the  death  of  Governor  Montgomerie,  which  occurred  in 
July,  1731,  Lewis  Morris,  the  President  of  Council,  administered 
the  government  until 'the  1st  of  August,  1732,  when  William 
Cosby,  Esq.,  arrived  in  the  province  with  the  commission  of  Go- 
vernor. The  General  Assembly  met  on  the  26th  of  April,  1733. 
An  interchange  of  amicable  expressions  took  place  between  the 
new  functionary  and  the  legislative  body.  At  an  early  period  a 
desire  was  manifested  by  the  Assembly,  that  some  fuller  provision 
should  be  made  in  relation  to  the  meetings  of  the  Representatives. 
The  extended  periods  between  the  meetings  of  the  Assembly,  as 
well  as  the  periods  between  elections,  had  been  much  complained 
of  by  the  people.  An  act  was  therefore  passed  for  the  frequent 
meeting  and  calling  of  the  Assembly,  and  for  the  alternate  sitting 
thereof.38  It  provided  for  the  meeting  of  the  Assembly  at  least 
once  in  three  years,  alternately  at  Burlington  and  Perth  Amboy, 
and  for  triennial  elections.  This  act  was  assented  to  by  the 
Governor  and  Council,  but  it  was  afterwards  rejected  by  the  King. 
The  particular  grounds  of  the  rejection  are  not  stated,  but  a  similar 
enactment  in  New  York  was  disallowed,  because  of  its  being,  as  it 
was  said,  a  high  infringement  upon  the  prerogative  of  the  Crown. 
Other  enactments  of  the  present  Assembly  failed  in  a  similar  man- 
ner. The  rejection  of  three  acts  that  had  been  passed  in  the  time 


province  of  New  York,  which  had  been  attended  with  many  disadvantages;  that 
the  government  of  New  York  had  taken  up  so  much  of  the  Governor's  time 
that  but  a  small  part  could  be  given  to  New  Jersey;  and  that  applications  to  him 
could  not  be  easily,  and  sometimes  not  seasonably,  made.  That  the  principal 
officers  were  frequently  officers  also  of  New  York,  on  which  account  they  were 
less  useful  in  their  respective  places  in  the  province,  and  also  that  the  monies 
they  received  for  salaries,  which  was  drawn  from  the  province,  was  elsewhere 
expended.  It  was  also  represented,  that  though  it  might  formerly  have  been 
thought  too  great  a  burden  for  the  province  to  maintain  a  Governor,  the  people 
were  now  willing  to  support  a  Governor  amongst  themselves,  and  the  petitioners 
prayed  that  such  an  appointment  might  be  made. 

Smith's  New  Jersey,  p.  421. 
31  Votes,  vol.  1. 


332  COSBY'S  ADMINISTRATION. 

of  Governor  Hunter,  has  been  noticed.  The  object  of  these  laws 
was  considered  of  so  much  importance  in  the  province,  that  its 
attainment  was  again  attempted.  Acts  were  passed  for  shortening 
law  suits  and  regulating  the  practice,  and  practitioners  of  the  law 
and  other  officers ;  concerning  the  acknowledgment  and  registering 
of  deeds,  and  other  conveyances  in  the  several  counties ;  and  for 
the  enforcement  of  an  ordinance  regulating  fees.  These  enact- 
ments would  have  operated  much  to  the  convenience  and  ad- 
vantage of  the  people,  but  would  have  been  injurious  to  the 
interests  of  certain  officers  appointed  by  the  Crown,  or  the  Gover- 
nor. With  some  amendments,  (to  which  the  Assembly  agreed,) 
these  acts  were  passed  by  the  Governor  and  Council.  But  they 
were  afterwards  rejected  by  his  Majesty. 

Although  concurrence  in  action  had  been  maintained  to  a  degree, 
between  the  different  branches  of  government,  yet  in  point  of  union 
and  feeling,  the  relations  between  them  were  by  no  means  close. 
Beside  that  the  proceedings  of  the  Assembly  in  the  particulars 
noticed,  were  not  entirely  approved  by  the  Governor,  the  House 
adventured  upon  a  representation  to  him,  concerning  the  appoint- 
ment of  the  Council.  They  said  "they  were  humbly  of  opinion 
that  it  would  be  of  great  benefit  to  this  province,  that  the  gentlemen 
of  his  Majesty's  Council  should  be  of  credit,  estates,  and  abilities, 
constantly  resident,  with  their  families  within  the  province ;  to  the 
end  they  might  be  acquainted  with,  and  concerned  for  the  interest 
thereof."'39  The  Governor  somewhat  briefly  replied,  that  he  would 
take  care  concerning  the  matters  mentioned,  and  observed,  that  he 
thought  no  Governor  would  recommend  any  to  be  of  his  Majesty's 
Council,  but  such  as  were  men  of  credit,  estates  and'abilities.  The 
long  continuance  of  the  sitting  of  the  Assembly,  beside  the  character 
of  their  measures,  was  disapproved  by  the  Governor,  and  whilst 
the  business  before  them  was  yet  unfinished,  (some  of  the  bills  just 
mentioned  being  yet  pending,)  he  thought  proper  to  order  an  ad- 
journment ;  he  adverted  to  the  great  expense  that  was  incurred ; 
expressed  his  dissatisfaction  that  no  provision  had  been  made  for 
his  support,  and  that  they  had  yet  done  so  little  for  the  good  of  the 

19  The  members  of  Council  and  the  principal  officers  of  the  province  frequently 
resided  in  New  York,  and  much  inconvenience  was  experienced  in  consequence. 


SEPARATION    FROM    NEW    YORK. 

province.  "A  small  recess,"  he  said,  "and  the  opportunity  of 
consulting  with  your  constituents,  may  better  prepare  you  for  the 
despatch  of  business."  It  is  possible  that  the  "small  recess"  may 
have  had  an  effect  upon  the  despatch  of  business.  After  the 
completion  of  the  measures  that  had  been  entered  upon,  an  en- 
actment was  made  for  a  new  emission  of  bills  of  credit  to  the 
amount  of  forty  thousand  pounds,  and  a  bill  was  passed' for  the 
support  of  the  government,  for  the  period  of  three  years ;  five 
hundred  pounds  per  annum  was  given  to  the  Governor. 

Governor  Cosby  continued  in  office  until  his  demise,  which 
occurred  in  1736. 

At  that  time  the  application  for  an  entire  separation  from  New 
York  was  again  presented  to  the  King.  A  petition  was  offered 
in  the  name  of  the  President,  Council,  the  Speaker  and  some  of 
the  members  of  the  House  of  Assembly,  on  behalf  of  themselves 
and  others  of  the  inhabitants  of  the  colony.  The  Grand  Jury  too, 
returned  to  serve  for  the  Supreme  Court  of  Judicature,  presented 
a  similar  petition.40  These  petitions,  which  were  presented  by 
the  agent  of  the  colony,  were  referred  to.  the  Lords  of  trade,  for 
their  consideration  and  advise  in  the  case.  During  the  pendency 
of  the  application,  the  administration  of  the  government  of  the 
province  devolved  on  John  Anderson,  the  President  of  the  Coun- 
cil, and  his  death  occurring  very  soon  afterwards,  the  direction  of 

40  The  petition  of  the  Council  and  Assembly  was  dated  May  llth,  1736. 
They  stated  that  upon  the  surrender  of  the  government  to  Queen  Anne,  the 
proprietors  and  inhabitants  had  reason  to  hope  that  the  Governor  then  ap- 
pointed would  have  been  distinct  from  the  person  appointed  for  New  York,  but 
to  the  great  disappointment  of  the  colony,  the  same  person  was  appointed  for 
both,  which  mode  has  continued.  That  the  great  value  of  the  government  of 
New  York  had  induced  the  Governor  to  prefer  that  province  for  his  residence, 
and  also  in  many  instances  to  prefer  its  interests,  to  the  prejudice  of  New  Jersey; 
that  great  delays  had  occurred  in  the  management  of  the  government,  and  in  the 
administration  of  justice.  And  they  stated  that  the  people  of  his  Majesty's 
province  of  New  Jersey,  were  equally  willing  and  able  to  support  a  distinct 
Governor  as  many  of  the  neighbouring  colonies.  They  therefore  prayed  that 
his  Majesty  would  be  pleased  to  commission  a  person  to  be  their  Governor,  dis- 
tinct from  the  person  to  be  appointed  Governor  of  New  York.  The  petition  of 
the  Grand  Jury  was  dated  on  the  same  day  as  the  other,  and  was  very  similar 
in  tenor.  Votes  and  State  Papers,  vol.  1. 


334  SEPARATION    FROM   NEW   YORK. 

affairs  was  assumed  by  John  Hamilton,  Esq.,  the  next  member 
of  the  Council.  The  latter  continued  at  the  head  of  the  govern- 
ment for  nearly  two  years,  when  a  Governor  of  New  Jersey, 
distinct  from  New  York  was  appointed. 

The  Lords  of  trade  having  considered  the  applications  referred 
to  them,  reported,  that  they  were  of  opinion  that  his  Majesty 
should  comply  with  the  prayer  of  the  petitioners  for  a  separate 
Governor.41  Accordingly,  in  1738,  a  commission  was  given  to. 
Lewis  Morris,  Esq.,  appointing  him  Governor  of  New  Jersey. 


41  Their  report  was  dated  August  5th,  1736. 


CHAPTER  XVII. 

MORRIS',    HAMILTON'S,   AND    BELCHER'S    ADMINISTRATIONS. — THE 
FRENCH  WAR.— CHANGE  OF  GOVERNORS. 

GOVERNOR  MORRIS  had  been  active  in  procuring  the  separation 
from  New  York.  He  had  also  held  important  places  and  had 
performed  the  highest  services  in  New  Jersey.  The  appointment 
of  such  an  individual  to  the  chief  place  in  the  government,  together 
with  the  separation  of  the  province  from  its  former  embarrassing 
connexion,  were  regarded  as  circumstances  highly  favorable  to 
future  prosperity.  Under  the  new  organization,  some  change 
took  place  in  one  particular  in  the  action  of  the  government. 
The  Council  were  made  a  separate  branch  of  the  Legislature ;  the 
Governor  refraining  from  immediate  participation  in  any  measure 
relating  to  Legislative  proceedings.1  The  General  Assembly  con- 
vened on  the  27th  of  October,  1738.  In  an  address  made  by  the 
Governor  to  the  Council  and  Assembly,  he  spoke  of  the  indulgence 
of  his  Majesty  in  allowing  the  province  to  be  separated  from 
New  York,  and  in  appointing  a  person  to  the  government  whose 
conduct  was  well  known  to  them.  He  recommended  with 
some  urgency,  that  the  support  of  the  government  should  be 
provided  for,  in  a  manner  corresponding  with  the  assurances  that 
had  been  given  as  to  the  dispositions  and  the  ability  of  the  people. 
He  stated  in  general  terms,  that  he  should  be  willing  to  give  his 
assent  to  all  bills  that  were  proper  for  his  approval,  and  others, 
he  hoped,  would  not  be  proposed.  The  Assembly  acknowledged 


1  The  Governor  had  formerly  presided  in  the  Council  when  considering  and 
acting  upon  laws.  He  now  entirely  withdrew.  •  The  change,  however,  was 
chiefly  one  of  form.  The  Governor  retained  the  same  authority  in  rejecting  laws 
as  before.  Yet  although  the  respective  spheres  of  action  of  the  Governor  and 
Council  may  have  continued  almost  the  same  in  extent,  a  greater  degree  of 
freedom  of  action  may  have  been  gained  by  the  Council,  and  an  addition  of 
dignity  by  the  Governor,  in  consequence  of  the  change. 


336  MORRIS'  ADMINISTRATION. 

in  terms  of  much  warmth,  the  favor  that  had  been  shown  by  his 
Majesty,  both  in  granting  a  separate  Governor  to  the  province, 
and  in  the  appointment  of  the  person.  "  The  Governor,". they  said, 
"  was  a  person  well  known  to  ourselves  to  be  eminent  for  his 
great  skill  in  affairs  of  government,  which  we  more  than  once 
have  had  experience  of;  and  from  his  knowledge  of  the  nature 
and  constitution  of  this  province,  and  other  advantages  of  learning, 
if  his  inclinations  and  endeavours  to  promote  our  welfare  bear  any 
proportion  to  his  abilities  (which  we  have  no  reason  to  doubt,)  is 
every  way  qualified  to  render  us  a  happy  and  flourishing  people." 
The  Council  also  replied  with  similar  expressions;  they  stated  also 
the  satisfaction  that  was  felt  on  account  of  their  separate  and 
distinct  establishment  as  a  part  of  the  Legislature  of  the  province. 
But  the  future  course  of  proceeding  was  not  entirely  answerable 
to  this  auspicious  beginning.  It  was  probably  supposed  by  the 
Assembly  that  the  circumstances  of  the  time  were  particularly 
favorable  for  securing  and  for  the  extension  of  popular  privi- 
leges and  rights,  and  their  measures  were  taken  accordingly.  But 
the  Governor  exhibited  in  the  discharge  of  his  new  responsibilities 
and  duties,  the  same  intractable  and  resolute  temper  that  had 
formerly  been  shown,  when  acting  with  the  people.  Hence  entire 
unanimity  was  not  long  maintained.  Several  measures  which  had 
been  formerly  agitated,  were  again  brought  forward  in  the  Assem- 
bly. Bills  were  introduced  for  the  more  frequent  election  and 
meeting  of  Representatives  in  the  General  Assembly;  for  shorten- 
ing law  suits,  and  regulating  the  practice  and  practitioners  of  the 
law;  and  for  recording  deeds  in  each  of  the  counties.  These 
embraced  the  substance  of  enactments  formerly  passed,  but  which 
had  been  rejected  by  his  Majesty.  An  application  was  also  made 
to  the  Governor  praying  him  to  regulate  a  table  of  fees,  in  order 
that  the  same  might  be  passed  into  a  law.  Some  of  these  bills 
(with  amendments  by  the  Council,)  were  finally  passed  by  the 
Legislative  authorities,  but  the  assent  of  the  Governor  was  with- 
held. Concerning  the  petition  for  the  regulation  of  fees,  his  Ex- 
cellency said,  that  he  would  consult  with  the  Council,  "and.  do 
all  that  was  reasonable  therein."  After  some  delay,  a  bill  for  the 
support  of  the  government  was  agreed  to  by  the  Assembly.  It 
provided  for  the  appropriation  of  one  thousand  four  hundred  and 


,-\,'  ;:~.  services-  in  obtaining  the  separati<^4(^the\jjro¥mce  from  Njew. 

»'    Yotk,  Mid  sixty  ^Qiind^"  ^Sa^JT  for  fco'usfi  rea 

•    the  other jntblic  officers  Vere^^Vtete^^i&tJ.2 

was;by  n'o^mea'hs  sa'ijstaetpjy^  "the  G,ove"fiior. 
~**'  less  ajnplC?fchan_  might  ii 
\ '/.mafU-lo  hfs'Majiffc,  ami 

the  salaries  we'rte  tcfo  scanty-  for  the  services  .required-}  that  ionfe  '" 
officers  had  been  entirely  omitted,  and  that  no.provision  was  madei.. 
for  ineidental  expenses.3     The  co'urse  of  the  House  was  sor-little.     • 
in  accordance  with  his  Excellency's  views^hat  he.determined  to    *    * 
dissolve  them,  which  was  accordingly  done  on  the  1 5th  of  March. 
In  his  address  on  the  occasion,  he  reviewed  the  proceedings  of 
the  House,  particularly  in  reference  to  the  bill  for  the  support  of 
government,  and  expressed  himself  in  language  more  harsh  and 
imperious,  than  even  a  strong  sense  of  his  duties  and  his  rights 
could  possibly  have  required. 

The  session  of  the  next  Assembly  commenced  on  the  I Oth  of 
April,  1 740.  The  Governor  set  forth  to  the  new  Assembly  the 
errors  and  delinquencies  of  the  former  one  "I  suppose,"  he  said, 
"you  are  wiser  than  to  believe  that  if  the  Council  and  Assembly 
pass  a  bill,  that  by  their  doing  so  I  am  under  any  obligation  to 
pass  it  into  a  law,  unless  I  am  satisfied  that  it  is  reasonable  and  fit 
for  me  to  do  so :  because  that  would  be  altering  the  present  con- 


2  To  the  Chief  Justice  was  given  one  hundred  and  fifty  pounds,  to  the  second 
Judge,  forty  pounds,  the  Attorney  General,  forty  pounds,  each  of  the  Treasurers 
forty  pounds,  and  other  officers  proportionally. 

3  The  Governor  was  displeased,  not  only  with  the~ amount  of  the  grant,  but 
also  on  account  of  the  manner  of  making  It.     The  bill  had  been  long  delayed, 
and  a  motion  for  the  specific  grant  to  the  Governor  had  at  one  time  been  re- 
jected by  the  House,  upon  which  occasion  a  positive  and  rather  harsh  commu- 
nication was  made  by  him.   The  statements  made  as  to  his  services  in  the  busi- 
ness, or  a  truer  sense  of  justice,  afterwards  induced  the  House  to  agree  to  the 
grant,  but  his  Excellency  seems  to  have  received  an  unfavorable  impression  as 
to  the  intentions  of  the  House. 

43 


*-..'*  --  .* 

338*  MOM1S*    ADMINISTRATION. 

stitution  and  rendering-  the  Governor  a  nominal,  rather  than  a  real 
part  of  the  legislature.     And  I  liope  you  are  more  honest  than  to 

•-  deny,  of  rend«fe-  uncertain  and  precarious,  the  support  necessary, 
for  the  government  -to  jhave,  oi^to  attempt  by  tfiat'or  any  other 
method  or  art,  to  constrain  the  Governpr  to.  pass  any  bill  into  a 
law,  tfiat  he  should  conceive  not  fit  for  you  to  ha've,  or  §»  to'as- 
senNto."*  A'  second"  d^pl>rumitf.'wasi  now  given,  he,  said,  for 

•  serving  the  country  by  passing  such  Jaws  as  were  necessary ,*or 
amending  tftbse.  thafcwere  defective.  •  '\ 

*The  nep'lv  of  the  House-manifested  very  dis^rfejfy^  a  disposition 
to*  vindicate  the  course  of  the  former  Assembly,  and  contained 
some  pointed  reflections  upon  the  conduct  and  expressions  of  the 
Governor.  They  "sincerely  sympathized"  with  his  Excellency 
and  the  people  of  the  province,  upon  the  disappointment  caused  by 
the  failures  of  the  former  House.  But  it  appeared  to  them,  they 
said,  that  progress  had  been  made  by  the  Assembly  in  preparing 
such  bills  as  were  greatly  needed,  and  much  desired  in  the  pro- 
vince, but  why  these  bills  had  not  become  laws,  they  would  not 
pretend  to  determine.  They  were  never  tempted  to  believe,  they 
said,  that  the  Governor  was  under  any  obligation  to  assent  to  a 
law  that  he  did  not  approve;  but  suggested  that  the  defects  of  such 
as  were  presented  to  him  might  be  pointed  out  to  the  Assembly 
or  the  Council,  in  order  that  they  might  be  reconsidered  and 
amended.  They  were  grateful,  they  said,  for  the  opportunity  that 
was  given,  to  use  their  endeavours  for  the  welfare  of  the  province. 
At  an  early  period  some  of  the  bills  of  the  former  session  were 
again  taken  up,  and  others  were  introduced  of  a  similar  tendency. 
The  bill  for  the  frequent  meeting  of  the  Assemblies  was  modified 
by  proposing  the  septennial  election  of  Representatives,  and  in 
that  form  was  passed  by  the  House.  No  decisive  action  had  been 
taken  by  the  Governor  upon  the  application  to  regulate  a  table  of 
fees,  but  a  bill  for  this  purpose  was  prepared  by  the  Assembly. 


4  A  suspicion  here  seems  to  be  intimated  that  the  tardiness  of  the  former 
Assembly  in  passing  the  bill  for  the  support  of  government,  arose  from  an  inten- 
tion to  coerce  the  Governor  into  an  agreement  to  the  measures  brought  forward 
in  the  House.  These  measures  indeed  were  acted  upon  in  advance  of  most 
other  matters,  but  this  their  importance  would  warrant. 


MORRIS*    ADMINISTRATION.  339 

A  bill  was  also  introduced  to  limit  the  action  of  the  Supreme 
Court,  providing,  that  no  action  under  fifteen  pounds  should  be 
taken  into  that  court.5  But  no  further  point  was  reached  toward 
the  attainment  of  the  objects  sought  by  these  several  enactments 
that  had  been  gained  by  the  proceedings  of  the  former  Assembly. 
The  difficulties  between  the  Assembly  and  the  Governor  were 
further  increased  at  this  period,  in  consequence  of  the  introduction 
of  a  subject  connected  with  the  foreign  relations  of  the  province. 
A  quarrel  had  occurred  between  England  and  Spain,  on  account 
of  occurrences  in  their  American  possessions,  and  in  1739  a  decla- 
ration of  war  was  made.  On  such  occasions  the  English  colonies 
were  not  forgotten  by  the  mother  country;  their  co-operation  was 
mostly  promptly  required,  and  mostly  was  promptly  rendered. 
The  demands  of  his  Majesty  for  a  number  of  troops  and  for  sup- 
plies  from  the  colonies,  were  communicated  to  the  Assembly  by 
Governor  Morris,  and  speedy  compliance  was  urged.  But  the 
House  was  then  desirous  to  adjourn,  and  permission  was  solicited 
for  a  short  recess,  which  it  was  thought  might  not  be  inconsistent 
with  a  proper  attention  to  the  measures  proposed.  His  Excellency 
professed  a  willingness  to  accede  to  the  request  of  the  House,  but 
conceived  that  it  could  not  be  done  consistently  with  his  Majesty's 
directions,  and  insisted  upon  immediate  action;  he  stated,  however, 
that  when  he  should  see  "  effectual  and  proper  resolutions  entered 
into,  upon  which  I  can  depend,"  the  wishes  of  the  House  should 
be  considered.  A  refusal  so  ungracious  in  itself,  and  so  .ungraci- 
ously made,  was  not  well  calculated  to  forward  the  object  in  view. 
But  the  necessary  measures  were  taken  by  the  Assembly;  a 


5  A  very  large  portion  of  the  judicial  business  of  the  province  was  transacted 
in  the  Supreme  Court,  and  this  circumstance,  with  the  want  of  a  regulation  of  fees 
by  law,  exposed  the  people  to  much  inconvenience  as  well  as  exaction.  But  his 
Majesty  and  the  Governors  were  desirous,  rather  to  extend,  than  to  lessen  the  in- 
fluence belonging  to  the  principal  places. and  offices,  in  order  that  the  province 
might  be  kept  under  closer  control;  Governor  Morris  said,  that  the  bill  for  limiting 
actions  in'  the  Supreme  Court  was  not  "at  present  convenient  for  his  Majesty's 
service,  or  beneficial  for  the  inhabitants,  but  rather  otherwise." .  The  act  for 
the  septennial  electien  of  Representatives,  he  said,  "  I  do  not  take  to  be  a  right 
you  are  entitled  to,  but  a  favor,  which  a  suitable  conduct  in  you  can  only  induce 
bis  Majestyto  grant,  or  me  to  recommend  to  his  Royal  consideration." 


340  MORRIS'  ADMINISTRATION, 

bill  was  passed  for  procuring  supplies,  and  for  giving  currency  to 
two  thousand  pounds  in  bills  of  credit,  to  defray  the  expense. 
But  these  bills  were  to  be  sunk  by  an  appropriation  of  the  interest 
money  to  be  received  in  the  treasury,  a  mode  of  proceeding  which 
"  -was  strongly  objected  to  by  the  Governor.  He  insisted,  that  ac- 
cording to  the  act  under  which  the  interest  money  was  raised, 
such  money  could  only  be  appropriated  to  the  support  of  govern- 
ment, and  that  he  was  ordered  by  his  Majesty,  not  to  pass  any 
law  whereby  his  revenue  might  be  impaired  or  lessened,  without 
his  Majesty's  special  permission.  His  Excellency  therefore  caused 
%  a  fcill  to  be  drawn  and  to  be  submitted  to  the  House,  in  which  it 
"was  said,  "the  same  ends  are  proposed,"  but  which  was  so  ex- 
pressed as  to  save  the  claim  of  the  Governor  in  relation  to  the 
disposal  of  the  revenues.  But  the  bill  submitted  to  them  was  re- 
jected by  the  Assembly,  and  they  declared,  that  they  conceived 
the  bill  they  had  passed,  was  "sufficiently  worded  to  answer  the 
ends  proposed  by  it."6 

The  attempts  of  the  Assembly  to  procure  the  passage  of  the 
several  bills  which  were  deemed  important  to  the  interests  of  the 
province,  were  continued  at  every  session';  and  an  inclination  was 
•shown  to  make  the  passage  of  these  enactments,  a  condition  of  the 
support  of  government.  In  1741,  though  the  amount  before 
granted  was  given  to  the  Governor,  and  some  increase  was  made 
in  the  allowance  to  other  officers,  the  provision  was  limited  to  the 
period  of  one  year.  In  1742,  a  bill  was  introduced  for  the  sup- 
port of  government,  to  which  a  clause  Was  attached  "for  ascer- 
taining the  fees  to  be  taken  by  the  several  officers  therein."  By 
a  vqte  of  the  House,  in  committee  of  the  whole,  this  clause  was 
finally  stricken  from  the  bill,  and  the  support  was  given  without 
any  condition.  Yet  the  .attempt  was  significant,  and  the  rejection 
of  the  clause  was  supposed  to  be  owing,. in  part,  to  a  fear  that  the 
House  might  be  dissolved  by  the  Governor,  rather  than  to  a 
change  of  opinion  upon  the  subject.  These  measures  were 
strongly  reprobated  liy  the  Governor;  he  not  only. refused  his 
assent  to  the  bills  that  were  "presented,  but  resolved  upon  dissolv- 

V      *  The  Colonial  Qovernors  constantly  endeavoured  to  hpld  the  public  revenues 
under  their  special  direction,  whilst  the  Assemblies  sought  to  extenaV/tar  control. 


MORRIS'    ADMINISTRATION.  341 

ing  the  House.  In  an  address  at  the  time  he  stated,  that  the  acts 
which  were  offered  for  his  approval  were  the  same  in  substance 
with  those  which  had  formerly  been  disallowed  by  his  Majesty, 
and  that  he  had  been  specially  instructed  not  to  re-enact  any  law 
to  which  the  assent  of  the  King  or  his  predecessors  had  once  been 
refused,  without  express  leave  for  that  purpose  first  obtained. 
"With  what  view,"  he  said,  "my  assent  was  desired  to  acts  dis- 
allowed by  his  Majesty,  and  that  even  without  a  suspending  clause 
according  to  the  instructions  well  known  to  you,  unless  it  was  to 
expose  me  to  just  censure  for  giving  such  assent,  I  leave  to  be 
determined  by  all  indifferent  persons.  I  hope  my  not  assenting 
to  laws  I  am  not  empowered  to  assent  to,  will  not  be  called  a 
fault,  but  on  the  contrary,  a  strict  adherence  to  duty,  which  by 
God's  assistance,  nothing  shall  intimidate  me  from  doing.  And 
what  was  the  intent  of  those  s'trong  endeavours  to  annex  a  fee  bill 
to  the  bill  for  the  support  of  government,  (a  bill  to  which  you 
would  never  suffer  an  amendment  to  be  made,)  unless  it  was  to 
force  the  passage  of  the  fee  bill  without'  any  amendment?  It  is 
true,  the  attempt  did  not  succeed,  and  I  thank  you  for  what  is 
done  for  the  support  of  the  government,  (though  not  sufficient,) ' 
but  it  may  .not  be  unworthy  of  your  notice  to  observe,  that  this 
fee  bill,  whatever  title  or  form'  you  may  give  it,  if  it  be  of  the 
same  nature  of  that  which  has  twice  been  repealed,  it  will  not  be 
difficult  to  say  what  will  be  the  success  of  it,  or  the'  sentiments  of 
his  Majesty's  Ministers  concerning  it." 

The  decisive  tone  of  the  Governor  did  not.  prevent  the  Assem- 
bly from  a  renewal  of  their  efforts.  The  next  Legislature  declared 
that  they  supposed  his  Excellency  had  been  commissioned  for  the 
welfare  of  the  province,  and  that  they  should  proceed  to  lay  such 
laws  before  him  as  they  thought  might-revive  it  from  its  sinking . 
and  distressed  condition;  and  that  his  assent  to  these,  previous  to 
tJie  passing  a  bill  for  the  support  of  government,  would  be  re- 
garded as  a  demonstration  of  his  Excellency's  good  inclinations 
toward  the  people.7  The  Governor  replied  that  "the  passing  of 

'The  acts  particularly  desii>ed  at  this  time/ related  to  the  regulation  of  fees, 
to  the  limitation  of  actions  in  the  Supreme  Court,  to  the  registering  of  deeds 
and  other  conveyances  in  the  counties,  and  to  securities  to  be  aiven  by  Sheriffs 


342  MORRIS'  ADMINISTRATION. 

laws,  previous  or  posterior,  to  your  passing  a  bill  for  the  support 
of  government,  seems  to  me  not  very  material;  nor  do  I  think  that 
your  passing  a  bill  for  the  support  of  government,  is  a  sufficient 
reason  for  me  to  give  my  assent  to  a  bill  that  I  do  not  think  rea- 
sonable in  itself;  or  that  your  not  passing  such  a  bill,  is  a  sufficient 
reason  for  me  to  deny  my  assent  to  a  bill  I  think  to  be  so."  Some 
of  the  measures  of  the  Assembly,  however,  were  acceded  to,  bills 
were  passed  which  received  the  assent  of  the  Council  and  of  the 
Governor,  concerning  .the  acknowledgement  of  deeds,  and  for  as- 
certaining the  fees  to  be  taken  by  the  several  officers  of  the  colony. 
But  in  relation  to  the  latter,  a  new  difficulty  arose ;  the  bill  was 
passed  with  a  clause  suspending  its  operation  until  the  pleasure 
of  his  Majesty  should  be  known;  but  the  Assembly,  with  a  sort 
of  impatience  for  the  enjoyment  of  that  which  they  conceived  to 
be  sanctioned  by  justice,  and  which  was  allowed  by  a  law  of  the 
province,  resolved,  that  the  act  should  be  immediately  published 
and  applied.8  This  course  was  strenuously  resisted  by  the  Go- 
vernor ;  he  demanded  to  know  of  the  Assembly,  by  what  authority 
they  ordered  an  act  not  in  force,  to  be  printed  as  a  rule  for  the 
government  of  the  people.  The  Assembly  replied,  that  they  had 
not  assumed  any  unwarrantable  authority;  that  they  only  gave  an 
opinion  of  an  act  which  had  passed  the  three  branches  of  the 
Legislature,  and  that  they  did  not  think  themselves  accountable  to 

for  the  faithful  fulfilment  of  their  duties,  and  for  limiting  the  period  of  their 
service.  The  latter  had  become  necessary  on  account  of  the  incautious  or  in- 
terested appointments  made  by  the  executive.  All  these  would  have  been 
highly  advantageous  to  the  public  interest,  and  the  only  ground  of  objection 
was,  that  they  were  calculated  to  lessen  the  influence  and  power  of  the  principal 
officers  of  the  province.  The  desire  of  his  Majesty,  in  which  the  Governor  ap- 
peared to  participate,  to  retain  the  people  in  strict  dependence,  and  make  the 
province  a  profitable  field  for  office,  excited  much  discontent,  and  led  the  As- 
sembly to  measures  which  in  some  instances,  may  not  have  been  the  most  pru- 
dent or  proper. 

8  A  resolution  was  adopted  "that  the  act  for  ascertaining  fees  passed  by  the 
Governor,  Council,  and  General  Assembly,  as  it  has-the  approbation  of  the  three 
branches  of  the  Legislature  here,  ought  to  have  due  weight  with  the  judges  and 
all  others  concerned,  and  that  they  ought  to  take  the  said  act  for  their  rule  to 
govern  themselves  by,  until  his  Majesty's  pleasure  should  be  known,  and  that 
the  said  act  be  made  public  for  the  purpose  aforesaid." 


MORRIS'  ADMINISTRATION.  343 

any  for  their  opinion;  and  that  it  would  not 'be  consistent  with  the 
dignity  of  the  £Louser  and  the  trust  imposed  in  them,  to  give -a 
further  reply.  *  But  with  this  reply  his  Excellency  was  by  no 
me'afls  satisfied,  and  his  opposition  was  carried  to  an  extent,  that  was 
not-to  be  reconciled  with  -his  previous  assenttb  the  act/' "-He  rfr-  v 
presented  to  his  Majesty,  that  jt  would  operate  to  the  ihjyry  of  the*  • 
province,  the  fees  allowed  therein-  being  so.  much  reduced  tha.t 
person  ^of  character  or  capacitjfc^ofihlnot  accept  of  offices  in  the. 
several  courts.   -The  King's  refugal  o'f  Ihe  bill  was  only  delayed* 
fijr  .a  time,  through  the"  efforts  of  the  agent  of  the  province  in 
England,  and  finally  it  was  disallowed  by-his  Majesty. 

Another  measure  which  was  deemed  important  to  the  interests  of 
the*  province,  was  an  act  for  a  new  emission  of  bills  of  credit.  ' 
The  issue  of  these  bills  by  loans,  had  been  found  to  be  advantage- 
ous to  the  people,  and  the  interest  accruing  thereon  had  served 
for  the  support  of  the  government.  But  the  parent  country  was 
ever  watchful  that  the  interests  of  the  colonists  should  be  kept 
subordinate  to  its  awn,  and  a  bill  had  been  introduced  into  Parlia- 
ment to  prevent  the  issuing  of  paper  bills  of  credit  in  the  colonies, 
to  be  a  legal  tender  in  payments ;  under  the  pretence  that  such 
issues  were  injurious  to  English  commerce.9  This  bill  was  pend- 
ing in  Parliament.  During  this  time  an  act  was  passed  by  the 
Assembly  for  making  current  forty  thousand  pounds  in  bills  of 
credit,  but  with  a  clause  suspending  the  operation  until  his  Majes- 
ty's pleasure  should  be  known.  But  the  act  was  rejected  by  the 
Council  on  account  of  the  pending  prohibition  in  Parliament.  '<> 


9  A  copy  of  this  bill  being  laid  before  the  Assembly,  (in  November,  1744,) 
they  resolved  that  it  was  the  opinion  of  the  House  that  "if  the  said  bill,  or  any 
of  that  tendency,  should  pass  into  a  law,  it  would  not  only  be  an  encroachment 
upon  the  fundamental  constitution  of  this  province,  and  the  concessions  made  to 
the  first  settlers  thereof,  by  his  Majesty's  royal  ancestors,  but*"*also  destructive 
of  the  liberties  and  properties  of  his  Majesty's  subjects  now  inhabitants  of  the 
colony,  as  also  a  great  discouragement  to  the  further  settlement  and  peopling 
thereof,  which  must  be  vastly  detrimental  to  the  trade  of  Great  Britain  by  les- 
sening the  consumption  of  manufactures." 

10  It  ought  to  be  stated,  that  although  the  principal  ground  of  the  rejection  of 
the  act  for  the  issue  of  bills,  was  the  action  that  had  been  taken  by  Parliament, 
yet  the  Council  objected  to  the  plan  itsel£  They  said  that  the  raising  of  money 


.-Tfeere  is  -^oh^l&ieve  that  iripvgfa  J^Sg^  comwetcc"  ^ ."  -<- 

-wak^ipt  more  apprehended  than  tlie  indrppmlenc^'o^ie'Ooloayil   '„  •  " 
"•  •  AsJSmblies;     The  interest. arising  upon  5$lsr~a£ 'credit,  thoiigh  >r  ^/ 
'  •".,      jf^»^j|^aeiia^Jy  appropriated  to  the  support  of  gov«&iime»l,*wa^1.fetft,"ih_^..  ^  4    •" 
*tf1ite  orig'rnai  acts  specificaHy  "applied,  and  JJiei&fjDrfi  wa^suiy^jj^T^'-  "*-  »~|| 
£>    -\  tShe  tlisp*osat  of  the  House.  ;;,  Could  ^he'annovkft  havfisbeen.  limited..-"  £•''. 
".'wl'  ?"-'^p  as  jherefy-^p  meek  the  existing  wants  of  the  government,  and- 
•«-j;:  -  /•/'^'sjpecific.^propriatit)n-of:^^a|Bj(unt  to  the  payment  of^ series 
v.'i  *."V  /fiave  been  secured,  so  £n?fo"^eft(Jer  the  officers«jOf--govelfnmejit4n-"    ._•  ~ 
'  r.    '•" dependent  of  the  Assemblies,  other  9bjections  to  tSe§V issue/     •    ^.. 
'"might  possibly  have  be«n  w_ajved. .  Notwithstanding  the  threatened 
prohibition  of  Parliament,  Governor  Morris  stated,  that  if  'the  bill         ^ 
"*  had  contained  a  certain  indisputable  provision  for  the  support  of 
government,  "had  a.  sufficient  sum  been  appropriated  to  the  build- 
ing of  a  house  and  conveniences  for  the  residence-of  the  Governor, 
and  places  and  houses  for  the^ sitting  of  the  Council  a'nd  Assembly, 
I  don't  know  how  far  I  might  have  been  induced  to  assent  to  it,  but 
as  none  of  these  things  are  done  or  intended,  I  neither  can  assent 
to  it  myself,  or  recommend  it  to  his  Majesty." 

The  meeting  of  the  Assembly  was  brought  to  a  close  by  a  new 
disagreement.  At  this  period  concealed  hostilities  had  been  car- 
ried on  for  some  time  between  England  and  France,  and  an  open 
rupture  was  continually  threatened.  During  the  course  of  the  sit- 
ting, the  Governor  informed  the  House  that  his  Majesty's  decla- 
ration of  war  was  made  public,  and  that  a  necessity  existed  for 
putting  the  province  in  a  state  of  defence.  He  recommended  that 
a  law  should  be  passed  for  the  better  regulation  of  the  militia,  and 
stated  that  there  had  been  much  remissness  on  the  part  of  officers 
in  attending  to  their  duties.  The  Assembly  afterwards  replied, 
that  upon  careful  consideration  of  the  militia  law  of  the  province, 
they  were  of  opinion,  that  it  made  sufficient  provision  to  enable 
the  Governor  to  give  such  assistance  as  the  colony  could  furnish, 

in  this  way,  for  the  public  use,  was  unequal  and  unreasonable,  and  fatal  to  the 
interests  of  the  people  in  general,  and  to  the  merchant  and  trader  in  particular ; 
that  the'  rich,  who  ought  to  contribute  most  to  the  public  expense,  gave  nothing, 
whilst  the  distressed,  and  people  in  debt,  sustained  the  whole  load ;  and  that  a 
paper  currency  was  fluctuating,  credit  being  lowest,  when  the  greatest  sums  of 
such  money  were  issued. 


MORRIS'  ADMINISTRATION.  345 

and  that  for  any  neglect  of  their  duties,  the  officers  were  answer- 
able to  the  Governor  himself.  But  they  said  they  should  always  be 
ready  to  do  their  duty  in  providing  means  to  defray  the  expense 
that  might  be  incurred  in  raising  the  forces.  To  a  more  urgent 
communication  from  the  Governor  representing  the  necessity  of 
new  provisions,  a  similar  reply  was  returned.  An  act  embracing 
the  particulars  which  his  Excellency  supposed  to  be  required,  was 
then  prepared  and  passed  by  the  Council  and  sent  to  the  Assem- 
bly; but  the  House  declined  to  act  upon  the  bill,  and  prayed  the 
Governor  to  grant  them  a  recess.  A  recess  was  not  granted,  but 
a  dissolution  was  ordered.  His  Excellency  said,  that  he  had  en- 
deavoured to  show  that  it  was  necessary  to  make  some  provisions 
for  the  defence  of  the  country,  and  that  the  Council,  sensible  of 
the  danger,  had  prepared  a  bill  which  had  been  sent  to  the  House, 
but  which  they  had  ordered  to  lie  upon  the  table,  a  proceeding 
which  was  contrary  to  the  duty  of  the  House,  and  of  ill  con- 
sequence to  the  public.  "  So  far  from  showing  any  loyalty  to  the 
Sovereign,"  he  said,  "it  shows  the  contrary,  as  well  as  a  firm 
resolution  not  to  make  any  provision  for  defence,  and  a  want  of 
affection  for  their  fellow  subjects." 

By  the  next  Assembly,  which  convened  in  August,  1744,  the 
course  of  the  former  one  was  fully  pursued.  They  agreed  upon 
a  report  concerning  the  state  of  public  affairs  in  the  colony.  In 
this  they  represented  the  many  endeavours  that  had  been  used  to 
form  and  obtain  enactments  that  were  required  for  the  good  of  the 
colony,  and  the  opposition  that  had  been  made  by  the  Governor, 
and  by  the  Council.11  They  complained  al§o  of  the  improper  union 
of  offices  in  the  same  person,  especially,  that  the  Chief  Justice 
should  serve  at  the  same  time  as  member  of  the  Council,  by  which 
means  the  distinction  between  the  legislative  and  judicial  duties 
and  powers  was  destroyed.12 

"  The  Council  had  rejected  the  acts  for  issuing  bills  of  credit;  that  to  oblige 
Sheriffs  to  give  security  and  to  limit  the  term  of  their  office;  and  that  for  re- 
newing an  act  to  prevent  actions  under  fifteen  pounds  from  being  brought  into 
the  Supreme  Court. 

13  The  son  of  the  Governor,  was  Chief  Justice  of  the  province,  and  also  one 
of  the  Council;  and  the  Assembly  illustrated  the  effect  of  such  an  union,  by 
showing  its  operation  in  certain  cases;  that  as  a  member  of  Council,  the  individual 
44 


346  MORRIS'  ADMINISTRATION. 

The  Council  defended  the  measures  and  the  policy  complained 
of  by  the  House.  They  set  forth  the  reasons  by  which  they  had 
been  influenced  in  rejecting  the  several  bills,  and  declared  in  a 
formal  resolve,  that  they  had  an  undoubted  right  to  reject  any  bill 
at  any  stage  of  its  progress,  and  that  to  censure  them  for  so  doing, 
was  an  attempt  to  alter  the  constitution.  They  also  resolved  that 
it  was  his  Majesty's  undoubted  right  and  prerogative  to  assign 
different  places  to  the  same  person,  and  that  the  duties  to  be  per- 
formed by  the  Chief  Justice  and  a  member  of  the  Council,  were 
in  no  wise  incompatible.13 

At  length  the  division  between  the  branches  of  government  be- 
came such  as  to  cause  a  serious  obstruction  to  the  course  of  public 
affairs.  The  acts  demanded  by  the  Assembly  being  rejected, 
the  grants  for  the  support  of  the  government  were  greatly  re- 
duced, and  finally  were  entirely  withheld.  A  period  of  nearly 
two  years  was  passed  in  various  attempts  to  effect  a  compromise 
of  interests  and  views ;  but  the  entire  contrariety  of  aims,  and  the 
mutual  distrust  of  the  parties,  prevented  an  accommodation,  and 
the  death  of  the  Governor  which  took  place  in  May,  1746,  put 
an  end  to  further  endeavours. 

The  administration  of  Governor  Morris  entirely  disappointed 
the  expectations  that  had  been  formed  from  his  previous  course, 
and  it  was  scarcely  more  fortunate  for  himself,  than  for  the  pro- 
vince. It  subjected  him  to  reproachful  imputations,  and  changed 
the  feeling  of  gratitude  that  had  formerly  existed  toward  him,  into 

might  prevent  the  passage  of  such  an  act  as  that  to  limit  actions  in  the  Supreme 
Court,  because  as  a  member  of  the  court,  he  might  be  desirous  to  extend  the 
jurisdiction  of  that  court ;  and  it  seems  to  have  been  supposed  that  such  had 
been  the  case  at  the  present  period.  It  was  also  stated,  that  as  causes  might 
be  taken  from  the  Supreme  Court,  to  be  tried  before  the  Governor  and  Council, 
the  same  person  would  still  sit  as  judge,  and  thus  the  objects  of  a  removal 
might  be  defeated. 

13  The  example  stated  by  the  Assembly  as  to  the  inconsistency  of  the  two 
offices,  was  noticed  in  part  by  stating,  that  a  member  of  Council  was  precluded 
by  a  positive  regulation  from  reviewing  a  case  which  he  had  before  decided  upon 
as  a  Judge.  To  this  the  Assembly  replied,  that  if  such  was  the  case,  it  had  not 
before  been  so  well  understood;  they  also  said,  that  they  had  not  denied  the 
prerogative  of  the  Crown,  or  the  rights  of  the  Council,  but  only  the  modes  in 
which  these  powers  and  rights  had  been  exercised. 


HAMILTON'S  ADMINISTRATION.  347 

one  of  resentment.  Perhaps  his  change  of  position  was  not  suf- 
ficiently considered ;  and  such  a  change  should  mostly  be  avoided 
by  those  who  are  careful  of  peace  or  reputation.  It  is  certain, 
however,  that  in  the  discharge  of  his  office,  he  manifested  a  dis- 
position rather  to  uphold  the  arbitrary  pretensions  and  demands  of 
the  Crown,  than  to  favor  and  defend  the  interests  of  the  colonists.14 

Upon  the  death  of  Governor  Morris,  the  administration  of  go- 
vernment devolved  on  John  Hamilton,  Esq.,  the  eldest  member  of 
Council.  Though  the  war  which  existed  between  England  and 
France  had  arisen  chiefly  on  account  of  occurrences  in  Europe, 
it  extended  in  no  long  time,  to  the  American  colonies  belonging  to 
the  respective  parties.  The  national  jealousy  of  the  colonists 
had  been  sharpened  by  an  active  competition  in  trade,  and  par- 
ticularly in  endeavours  to  command  the  fisheries  on,  the  coast. 
This  trade  was  of  the  greatest  importance,  and  the  attempts  of  the 
French,  after  the  commencement  of  the  war,  to  acquire  possession 
of  some  of  the  principal  stations,  alarmed  and  aroused  the  English 
colonists. 

In  1745,  an  expedition  was  projected  by  Governor  Shirley,  of 
Massachusetts,  for  the  reduction  of  the  settlements  of  the  French 
at  Cape  Breton,  and  especially,  for  the  conquest  of  Louisburg,  the 
capital.  Commodore  Warren,  the  English  commandant  on  the 
coast,  declined  to  concur  in  the  attempt,  without  express  directions 
from  the  Ministry.  But  an  armament  was  prepared  through  the 
steady  exertions  of  Shirley,  and  was  placed  in  the  command  of 
Pepperel,  an  eminent  merchant,  and  a  Colonel  of  the  Massachu- 
setts militia.  The  squadron  set  sail,  and  afterwards  was  joined 
by  the  English  forces.  The  undertaking  was  entirely  successful; 
after  a  seige  of  two  months,  Louisburg  was  reduced,  and  was  sur- 
rendered to  the  English  Crown.15  Encouraged  by  this  success, 

14  Among  other  events  of  his  administration,  the  erection  of  a  new  county 
should  be  mentioned.  It  was  established  in  March,  1738-9.  It  was  taken  from 
Hunterdon,  and  received  the  name  of  the  Governor,  being  called  Morris. 

"The  capture  of  Louisburg  was  strictly  American,  and  in  fact,  a  New 
England  enterprise.  The  plan  was  laid  before  the  Legislature  of  New  Jersey, 
but  the  House  declined  to  concur  in  the  attempt  at  the  time,  being  entirely  des- 
titute of  vessels,  and  doubting  the  propriety  of  proceeding  \viihout  the  approval 
of  the  King.  But  upon  being  informed  that  Louisburg  was  actually  beseiged, 


348  HAMILTON'S  ADMINISTRATION. 

an  extensive  plan  was  formed  by  the  English  Ministry,  at  the  in- 
stance of  the  colonists,  for  the  reduction  of  the  whole  of  the  French 
possessions  in  America.  Instructions  were  given  to  the  several 
Colonial  Governors,  directing  the  mode  to  be  pursued  in  furnish- 
ing men  and  supplies.  In  July,  1746,  these  instructions  were 
laid  before  the  Legislature  of  New  Jersey  by  the  acting  Governor, 
Hamilton ;  and.  an  enactment  was  passed  to  encourage  the  enlist- 
ment of  five  hundred  men,  and  to  provide  for  their  subsistence  and 
transportation.  The  amount  of  interest  in  the  treasury  was  ap- 
propriated to  the  purpose,  and  an  issue  of  ten  thousand  pounds  in 
bills  of  credit  was  ordered.  The  Assembly  declared  that  they 
were  "  heartily  desirous  to  do  all  in  their  power  in  support  of  his 
Majesty's  interest.'-'  A  similar  disposition  was  shown  by  the  rest 
of  the  colonies.  But  the  event  of  this  movement  was  by  no  means 
answerable  to  the  extent  of  preparation.  The  measures  of  the 
British  Ministry  were  so  tardily  and  feebly  pursued,  as  almost  to 
warrant  the  suspicion  that  no  anxiety  was  felt  to  relieve  the  colo- 
nists from  the  dangers  with  which  they  were  threatened.16  The 
pacific  proceedings  that  followed  were  of  a  similar  character.  By 
the  "inglorious"  treaty  of  Aix  la  Chapelle,  which  was  concluded 
in  1748,  the  principal  advantage  already  secured  was  relinquished, 
and  no  one  of  the  grounds  of  dispute  or  complaint  was  fully  re- 
moved. Louisburg.was  surrendered  to  its  former  possessors;  the 
right  of  English  vessels  to  immunity  from  search  and  detention, 
which  had  been  a  principal  cause  of  difficulty  between  England 
and  Spain,  was  scarcely  noticed  in  the  .treaty;  and  the  limits  of 
the  respective  colonial  possessions  of  England  and  France,  in 
America,  remained  unsettled,  to  be  determined  at  a  future  period 
by  a  resort  to  arms.  .  -  K,-  ^ 

and  with  his  Majesty's  approval,  the  House  unanimously  voted  that  two'  thou- 
sand pounds  of  the  interest  money  then  in  the  treasury  should  be  transmitted  in 
provisions,  to  the  American  forces. 

16  Some  American  politicians  believed  that  the  British  Ministers  had  become 
jealous  of  the  daring  and  enterprising  character  of  the  colonists,  and  were  secretly 
not  averse  to  the  continuance  of  the  restraint  which  the  neighbourhood  of  the 
French  imposed.  The  conduct  of  the  Ministry  at  this  time  gave  some  -reason 
for  such  a  belief,  and  but  for  the  change  that  afterwards  occurred,  the  opinions 
of  the  few,  would  no  dbnbt  have  been. generally  adopted^  and  would  have  given 
rise  to  much  dissatisfaction  in  the  colonies. 


BELCHER'S  ADMINISTRATION.  349 

At  the  demise  of  President  Hamilton,  in  1747,  the  administra- 
tion of  government  in  New  Jersey  devolved  on  John  Reading,  Esq., 
the  next  eldest  Councillor,  but  very  soon  afterwards,  a  commission 
was  given  to  Jonathan  Belcher,  Esq.,  appointing  him  Governor 
of  the  province.  The  conduct  of  this  officer  was  prudent  and 
conciliating;  and  calculated  to  compose  the  differences  which  had 
formerly  existed.  He  seldom  opposed  the  measures  of  the  As- 
sembly, except  when  acting  under  positive  instructions  from  his 
Majesty.  During  his  administration,  several  of  the  laws  which 
had  been  rejected  in  the  time  of  Governor  Morris,  were  allowed, 
and  others  which  had  been  enacted  for  a  limited  period,  were  re- 
newed and  continued.  The  law  for  limiting  actions  in  the  Supreme 
Court  was  re-enacted,  and  another  was  passed  for  the  regulation 
of  fees.17  In  the  latter,  the  amount  was  prescribed  to  be  taken  in 
specified  cases,  by  the  Governor,  by  Justices,  and  other  officers 
of  courts,  by  Juries,  Lawyers,  and  witnesses,  and  by  all  persons 
engaged  in  the  services  of  the  Assembly,  or  in  the  offices  of 
record.  This  act  was  confirmed  by  the  Royal  assent.  Whilst 
the  concessions  just  mentioned  had  tended  to  unite  the  branches 
of  the  government,  and  bring  them  into  nearer  union,  other  cir- 
cumstances arose,  to  disturb  the  quiet  of  the  province.  The 
ancient  dispute  concerning  the  titles  of  land,  which  at  earlier 
periods  had  been  the  cause  of  so  much  confusion  and  strife,  was 
once  more  revived.  Large  portions  of  land  were  held  which  had 
been  acquired  by  irregular  purchases  from  the  Indians,  in  disre- 
gard of  proprietary  rights ;  and  the  claimants  under  the  laws  of 
the  province  had  not  been  able  to  recover  the  property,  or  to 
compel  the  payment  of  quit  rents.  But  at  this  period  the  pro- 
prietary titles  to  extensive  portions  of  land,  fell  into  the  hands  of 
individuals  who  were  possessed  of  authority  and  influence,  and 
who  were  disposed  to  enforce  their  claims.18  Writs  of  ejectments 
were  issued,  and  suits  for  the  recovery  of  quit  rent  were  com- 
menced against  many  of  the  settlers.  The  defendants,  forming  a 
large  portion  of  the  population  of  some  of  the  counties  associated 


"  Allinson's  Laws,  p.  159. 

18  These  persons  were  Robert  Hunter  Morris,  the  Chief  Justice,  James  Alex- 
ander, the  Secretary  of  the  province,  with  other  prominent  individuals. 


350  BELCHER'S  ADMINISTRATION. 

together,  and  resolved,  that  whatever  might  be  the  decision  of  law, 
they  would  maintain  their  possession.  Individuals  who  had  been 
decided  against  in  the  courts  and  committed  to  prison,  were  re- 
leased by  force.  For  a  time  the  laws  became  powerless.  The 
Governor  and  Council  viewing  the  proceedings  as  most  serious 
offences,  not  only  endeavoured  to  sustain  the  courts  in  the  admin- 
istration of  existing  laws,  but  recommended,  to  the  Assembly  the 
passage  of  an  act  with  most  rigid  provisions,  for  the  prevention  of 
all  assemblages  that  should  appear  of  a  riotous  character.  But 
this  recommendation  was  not  acceded  to;  the  Assembly  apparently 
regarding  the  case  as  not  of  so  aggravated  a  nature,  or  supposing 
that  other  and  milder  measures  would  be  more  effectual.  Memo- 
rials and  counter  memorials  upon  the  subject  were  presented  to 
the  King.  The  Council  of  Proprietors,  whose  interest  it  was  to 
sustain  the  proprietary  claims,  represented  to  his  Majesty,  that  the 
people  had  combined  together  to  subvert  the  government,  that 
they  had  refused  to  submit  to  the  laws,  and  had  erected  pretended 
courts  of  justice  for  themselves,  and  that  the  Assembly  refused  to 
grant  the  necessary  aid  to  enable  the  executive  officers  to  maintain 
their  authority.  The  Assembly  set  forth,  that  the  original  divi- 
sions and  sales  of  land  had  been  so  made  as  to  give  rise  to  op- 
posing claims ;  that  the  present  parties  were  a  number  of  poor 
people  on  the  one  part,  and  some  of  the  rich,  understanding,  and 
powerful  on  the  other;  and  that  the  latter  were  harrassing  the 
people  by  a  multiplicity  of  suits,  which  had  excited  general  un- 
easiness, and  threatened  to  be  productive  of  the  greatest  distress, 
and  the  more  so  as  most  of  the  officers  of  the  province  were  sup- 
posed to  be  connected  with  the  claimants  in  the  suits.  These 
representations  of  the  Assembly  had  but  slight  bearing  upon  the 
matter  really  in  issue.  It  is  not  improbable  that  the  claimants  in 
the  cases  in  question  were  disposed  to  urge  their  advantages  with 
but  little  forbearance ;  yet  the  opposers  of  the  proprietary  rights 
were  known  to  have  acquired  their  claims,  and  to  have  continued 
in  the  enjoyment  of  property  by  a  violation  of  law,  and  if  they 
suffered  in  consequence,  it  could  only  be  regarded  as  the  result  of 
an  improper  and  unauthorized  proceeding.  In  any  case,  their 
forcible  resistance  of  law  in  mere  anticipation  of  injustice,  was 
wholly  indefensible.  Yet  to  a  great  extent,  the  object  of  the  in- 


BELCHER'S  ADMINISTRATION.  851 

surgents  was  attained.  Their  combination  enabled  them  to  put 
at  defiance  the  civil  authorities,  and  the  sympathies  of  the  Assem- 
bly deferred  a  resort  to  the  military  arm.  By  this  temporising 
policy,  the  strict  demands  of  justice  were  sacrificed,  but  peace  was 
preserved.  Some  of  the  rioters  became  sensible,  if  not  of  the  im- 
propriety of  their  course,  at  least  of  the  danger  they  incurred,  and 
petitioned  for  pardon ;  others  refrained  from  open  opposition  to 
the  public  authorities,  but  continued  to  retain  their  private  posses- 
sions. Two  acts  were  finally  passed  by  the  Assembly  which 
terminated  the  protracted  dispute.  One  of  these  was  an  act  to 
pardon  persons  who  had  been  guilty  of  riot.  It  prescribed  that 
as  some  of  these  persons,  conscious  of  their  guilt,  had  presented 
petitions  to  the  House  praying  their  supplication  with  the  Gover- 
nor on  behalf  of  the  offenders,  a  free  pardon  was  "hereby" 
granted  to  them.  The  other  act  provided  for  the  suppression  and 
prevention  of  riots,  tumults,  and  disorder  in  the  province. 

A  difficulty  of  another  description  occurred  at  this  period.  It  arose 
in  relation  to  a  bill  to  determine  the  value  of  taxable  property  in  the 
several  counties,  for  the  purpose  of  apportioning  their  respective 
quotas.  The  bill  prepared  by  the  Assembly,  included  all  profit- 
able tracts  of  land  held  by  patent,  deed,  or  survey,  whereon  any 
improvement  was  made.  This  was  objected  to  by  the  Council. 
They  urged  that  it  was  contrary  to  the  royal  instructions  which 
prohibited  any  tax  upon  unprofitable  lands,  and  that  the  restriction 
or  definition  of  the  bill,  limiting  its  operation  to  lands  whereon  an 
improvement  was  made,  was  so  vague  and  uncertain,  that  large 
portions  of  lands  might  be  included  that  were  wholly  unproductive. 
But  the  Assembly  adhered  to  their  bill.  It  was  probably  their 
object,  at  a  time  when  the  resources  of  the  province  were  limited, 
and  some  of  the  usual  means  of  relief  had  been  denied,  to  reach  a 
portion  of  the  lands  that  had  hitherto  been  exempted  from  taxa- 
tion under  the  general  provisions  of  the  royal  instructions.  The 
Council  j  as  executive  officers,  were  disposed  to  maintain  these 
instructions  in  their  fullest  extent;  and  it  was  also  suspected  that 
as  large  proprietors  themselves,  some  of  the  body  were  directly  in- 
terested in  opposing  an  extension  of  taxation  on  land.  Neither  party 
would  yield,  and  as  an  assent  to  the  "Quota  Bill"  was  demanded 
by  the  Assembly  as  a  preliminary  to  any  grant  for  support,  the 


352  THE     FRENCH    WAR. 

officers  of  government  were  left  for  nearly  three  years  without 
any  compensation.  Governor  Belcher  at  length  dissolved  the 
Assembly.  The  new  House,  which  met  in  May,  1751,  was  de- 
sirous to  remove  the  difficulty.  A  new  bill  was  formed,  in  which 
lands  were  classified  with  a  view  to  4heir  quality,  and  all  that 
could  with  any  propriety  and  justice  be  deemed  profitable,  were 
made  liable  to  taxation,  at  a  rate  depending  on  their  class. 

Among  the  occurrences  of  this  period  of  Governor  Belcher's 
administration,  the  erection  of  two  new  counties  may  be  noticed. 
One  was  established  by  an  act  passed  on  the  19th  of  January, 
1747.  It  was  taken  from  the  southern  portion  of  Salem  county, 
and  was  called  Cumberland.19  The  choice  of  members  to  the 
Assembly  was  suspended  until  the  pleasure  of  the  King  should 
be  known,  the  freeholders  continuing  to  vote  with  Salem.  The 
other  was  established  by  an  act  passed  on  the  8th  of  June,  1753. 
It  was  taken  from  Morris  county,  and  was  called  Sussex.  As  in 
similar  cases,  the  right  of  electing  members  to  the  General  As- 
sembly was  withheld  for  the  time. 

The  treaty  of  Aix  la  Chapelle,  already  noticed,  had  been  formed 
upon  such  a  basis  that  it  could  scarcely  prove  to  be  permanent. 
Nearly  all  the  former  differences  continued  to  exist,  and  no  change 
whatever  was  made  in  relation  to  the  American  claims  of  the  con- 
tracting powers.  France  asserted  a  right  on  the  north,  to  all 
Canada,  which  country  had  been  erected  into  a  province  called 
New  France,  at  the  head  of  which  was  a  Governor,  appointed  by 
the  King.  On  the  south,  the  same  nation  advanced  a  claim  to  an 
immense  region  which  had  also  been  erected  into  a  province  called 
Louisiana.20  They  also  claimed  to  havfe  traced  the  Ohio  River, 
and  this  stream  they  represented  as  the  natural  communication 
between  their  provinces  on  the  north  and  south,  and  the  whole 
of  the  country  watered  by  this  stream,  as  well  as  other  streams 
falling  into  the  Mississippi,  was  claimed  by  them.  Great  Britain 
on  the  contrary,  claimed  as  far  north  as  the  St.  Lawrence,  and 

«  The  name  was  given  by  Governor  Belcher,  in  honor  of  the  Duke  of  Cum- 
berland. 

*  The  original  claim  of  France  to  Canada  was  founded  on  the  discoveries  of 
Cartier.  The  title  to  Louisiana  was  founded  on  the  discovery  of  the  River 
Mississippi,  by  De  la  Salle  in  1683. 


THE     FRENCH    WAR.  853 

the  great  lakes,  and  from  the  Atlantic  to  the  Pacific.  To  maintain 
their  pretenisons,  the  French  had  projected  a  vast  line  of  forts ; 
and  posts  were  already  established  upon  the  lakes,  and  one  on  the 
River  Le  Bceuff,  not  far  from  the  Ohio/  In  their  advances,  they 
either  treated  with,  or  attacked  and  subdued  the  native  tribes  who 
were  in  alliance  with  the  English,  and  threats  or  remonstrances 
were  sent  to  arrest  the  progress  of  an  American  company  who  were 
attempting  to  establish  a  settlement.21  These  movements  could 
not  but  excite  attention,  and  Governor  Dinwiddie,  of  Virginia,- 
resolved  upon  despatching  a  messenger  for  the  purpose  of  learning 
the  designs  of  the  French,  and  to  convey  a  declaration  of  the 
English  claim  to  the  country.  "  This'  messenger  was  George 
Washington.  He  left  the  frontier  with  a  number  of  attendants 
in  November,  1753.  After  a  long  and  hazardous  journey,  he 
reached  the  post  oh  the  Le  Bceuff,  and  was-  received  with  civility 
by  St.  Peirre,  the  Commandant.  To  the  request  from  the  Go- 
vernor of  Virginia,  that  he  .would  leave  the  country  belonging  to 
the  English,  the  Frenchman  only  replied,  that  he  was  there  by- 
orders  from  the  Marquis  du  Quesne,  the.  Governor  .of.  Canada, 
whose  directions  he  should  obey,  and  to  whom  air  further  ques- 
tions concerning  a  right  to  the  country,  were  referred.  This 
answer,  together  with  other  information  he  had  acquired,  .was  re-: 
ported  by  Washington.  The  British  Ministry  were  apprised  of 
the  movements  of  the  French,  and  a  representation  upon  the  sub- 
ject was  made  to  the  Court  of  Versailles.  But  the  professions  of 
that  court,  and  the  directions  that  were  given  to  the  Governor  of 
Canada,  to  refrain  from  any  aggression,  were  perhaps  but  designed 
to  amuse,  as  the  same  course  of  proceeding  was  afterwards  con- 
tinued; and  the  English  Ministry,  foreseeing  the  issue,  gave  in- 
structions and  authority  to  the  Colonial  Governors  to  resist  and 
repel  encroachments.  Measures  were  also  taken  to  secur6  the 
fidelity  and  aid  of  the  six  nations  of  Indians  who  were  in  alliance 

21  In  1750,  a  number  of  persons,  mostly  from  Virginia,  of  whom  Lawrence 
Washington  was  one,  procured  an  act  of  the  British  Parliament,  constituting 
them  into  a  body  under  the  name  of  the  Ohio  Company,  and  granting  to  them 
six  hundred  thousand  acres  of  land  on,  or  near  the  Ohio  River.  They  caused 
the  land  to  be  surveyed,  and  opened  a  trade  with  the  natives,  and  were  making 
preparations  for  a  settlement  at  the  time  of  the  advance  of  the  French. 
45 


354  THE    FRENCH    WAR. 

with  the  English,  and  under  their  protection.  In  September,  1753, 
instructions  were  sent  by  the  board  of  trade  to  the  Governor  of  New 
York,  to  hold  a  meeting  and  treat  with  the  six  nations ;  to  hear 
and  redress  their  complaints,  and  to  gratify  their  wishes  in  other 
particulars ;  and  instructions  were  transmitted  to  the  other  colonies 
to  send  commissioners  to  this  meeting,  and  to  unite  with  New 
York,  in  order  that  all  the  provinces  might  be  comprised  in  one 
general  treaty,  to  be  concluded  in  his  Majesty's  name.  The  in- 
structions of  his  Majesty  were  placed  before  the  Assembly  of 
New  Jersey  in  April,  1754.  But  New  Jersey  had  not  been  di- 
rectly concerned  in  the  Indian  trade,  or  a  party  in  Indian  treaties ; 
and  the  Assembly  declined  a  direct  concurrence  in  the  contem- 
plated measure.  But  they  expressed  a  willingness  to  contribute 
their  assistance,  and  to  join  with  other  colonies  in  resisting  the  en- 
croachments of  the  French.  This  decision  was  adhered  to,  not- 
withstanding urgent  representations  from  the  Governor  to  induce 
a  compliance  with  his  Majesty's  directions.  In  consequence, 
New  Jersey  was  not  represented  in  the  meeting  of  colonies.  The 
commissioners  appointed  in  other  colonies  convened  in  June, 
1754,  at  Albany,  in  the  province  of  New  York.22  The  treaty 
with  the  Indians  being  concluded,  another  object  was  presented 
to  notice.  A  communication  had  been  received  from  the  Earl  of 
Holderness,  the  English  Secretary  of  State,  recommending  that 
there  should  be. formed  at  this  meeting,  a  general  plan  of  union 
among  the  colonies,  for  mutual  aid  and  defence.  The  commis- 
sioners were  sensible  of  the  importance  of  the  object;  they  per- 
ceived that  effectual  resistance  against-  the.  designs  of  the  French 
could  only  be  made  by  means  of  a  general  combination.  They 
therefore  resolved  "  that  an  union  of  the  colonies  was  absolutely 
necessary  for -their  preservation."  Of  the  several  plans  of  union 
that  were  presented  to  the  body,  that  proposed-  by  Dr.  Franklin, 
of  the  Pennsylvania  delegation,  was  preferred,  and  was,  as  to  its 
principal  features,  finally  adopted.23  This  scheme  was  agreed  to 


» There  were  Commissioners  from  Massachusetts,  New  Hampshire,  Rhode 
Island,  Connecticut,  New  York,  Pennsylvania,  and  Maryland. 

Pitkin's  United  States,  vol.  1,  p.  142. 
33  This  plan  provided,  that  with  the  assent  of  the  Parliament,  a  general  go- 


THE     FRENCH    WAR.  355 

by  all  the  commissioners  except  those  from  Connecticut;  they  re- 
fused their  assent  on  account  of  the  extensive  powers  that  were 
given  to  the  President  General.  Copies  of  the  plan  were  trans- 
mitted to  the  King,  and  to  each  of  the  colonies.  But  it  was  re- 
jected both  in  England  and  in  America;  in  the  former,  because  it 

vernment  should  be  formed  in  America,  embracing  the  whole  of  the  colonies ;  but 
that  under  this  general  government  each  separate  colony  should  retain  its  own 
constitution,  excepting  only  such  changes  as  might  be  rendered  necessary  in  the 
new  relation.  The  general  government  was  to  be  ad  ministered  by  a  President 
General,  to  be  appointed  by  the  Crown,  and  a  Grand  Council  chosen  by  the 
Representatives  of  the  people  in  the  Colonial  Assemblies.  The  members  chosen 
from  any  of  the  colonies  not  to  be  less  than  two,  or  more  than  seven.  In  the 
first  apportionment,  Massachusetts  was  to  have  seven,  New  Hampshire  two, 
Connecticut  five,  Rhode  Island  two,  New  York  four,  New  Jersey  three,  Penn- 
sylvania six,  Maryland  four,  Virginia  seven,  North  Carolina  four,  and  South 
Carojina  four.  Afterwards,  the  members  were  to  be  apportioned  according  to 
the  monies  paid  into  the  general  treasury  by  each  colony.  The  Grand  Council 
were  to  meet  once  every  year,  or  oftener,  if  called  by  the  President  General, 
with  the  consent  of  seven  of  the  members.  The  President  General  was  to  have 
a  negative  on  all  laws,  and  to  superintend  the  execution  of  the  laws.  The 
President  General  and  Grand  Council  were  to  have  the  regulation  of  all  affairs 
with  the  Indians,  to  direct  in  making  new  settlements  on  lands  purchased  of 
the  Indians,  if  not  within  the  bounds  of  particular  colonies,  (or  not  within  their 
bounds  when  some  of  them  should  be  reduced  to  more  convenient  dimensions,) 
and  to  make  laws  for  the  government  of  such  settlements.  The  President  and 
Grand  Council  were  to  have  power  to  raise  and  maintain  a  military  force,  build 
ships  and  forts,  equip  vessels  to  guard  the  coasts,  and  protect  the  trade  on  the  ocean, 
lakes,  or  great  rivers,  but  no  men  were  to  be  impressed  in  any  colony,  without 
the  consent  of  the  Legislature  thereof.  For  the  purposes  above  mentioned,  the 
President  and  Council  were  to  have  power  to  make  laws,  lay  and  levy  such 
general  duties,  imposts,  or  taxes,  as  should  appear  most  equal  and  just;  to  ap- 
point a  Treasurer  General,  and  a  particular  Treasurer  in  each  government,  but 
no  money  to  be  drawn  but  by  the  joint  order  of  the  President  and  Council. 
Twenty-five  members,  being  one  or  more  from  each  of  the  colonies,  should  form 
a  quorum  of  the  Council.  The  laws  that  should  be  enacted  were  not  to  be 
repugnant  to  the  laws  of  England,  and  must  be  transmitted  to  the  King  for  his 
approval,  and  if  not  disapproved  within  three  years,  were  to  remain  in  force. 
On  the  death  of  the  President  General,  the  Speaker  of  the  Grand  Council,  for 
ihe  time  being,  should  succeed  to  the  office  until  the  pleasure  of  the  King  should 
be  known.  All  military  and  naval  officers  to  be  nominated  by  the  President 
and  approved  by  the  Council,  all  civil  officers  to  be  nominated  by  the  Council 
and  approved  by  the  President,  and  in  case  of  vacancy  by  death  or  removal  of 


356  THE     FRENCH    WAR. 

left  too  much  power  with  the  colonists-,  in  the  latter,  because  it 
gave  too  much  to  the  Crown.  By  the  Assembly  of  New  Jersey 
it  was  immediately  rejected,  and  the  House  transmitted  instruc- 
tions to  the  agent  of  the  colony  in  England,  to  oppose  all  en- 
deavours for  its  ratification  there.  The  plan  was  regarded  by  the 
House. as  likely. to  be  injurious  to  all  parties,  "that  it  might.be 
prejudicial  to  the  prerogative  of  the  Crown  and  to  the  liberties. of 
the  people." 

After  the  rejection  in  England  of  the  American  plan  of  union,  a 
different  one  was  proposed  by  the  British  Ministry.  But  if  this 
scheme  was  free  from  some  of  the  objections  which  had  caused 
the  former  one  to  be  rejected  in  the  colonies,  it  contained  others 
still  more  opposed  to  popular  rights.  It  provided  that  the  Gover- 
nors,of  all  the  colonies,  with  one  or.  more  of  their  Council,  should 
assemble  .and  devise  measures  for  the  common  defence ;  that  they 
should  erect  forts  where  they  should  think  proper,  and  give  orders 
.  for  raising  such-forces  .as  might  be  deemed  necessary;  and  have 
.power  to  draw  on  the  treasury  .of  Great.  Britain  for  the  sums  re- 
quired for  these  purposes,  'the  whole  amount  to  be  afterwards  re- 
imbursed by  a  tax  laid  on  the,  colonists  by  act  of  Parliament. 
The  Ministerial  project  was  communicated  to  several  of  the  Col- 
onial Governors,  but  it  met  with  no  favor,  and  was  dropped  with- 
out the  formalities  of  a  distinct  rejection.24  During  this  period 

any  officer,  civil  -or  military,  the  Governor  of  the  province  in  which  the  vacancy 
happened,  to  appoint  a  successor  until  the  pleasure  of  the  President  and  Council 
should  be  known.  In  particular  emergencies,  each  colony  might  act  in  its  own 
defence,  and  the  expense  incurred  thereby  should  be "  paid  by  the  general  go- 
vernment if  judged  to  be  just  and  reasonable. 

"The  Ministerial  plan  received  particular  attention  from  Governor  Shirley, 
of  Massachusetts,  who  is  supposed-to  have  regarded  it  with  favor.  But  it  was 
communicated  by  him  in  December,  1754,  to  Dr.  Franklin,  who  was  then  at 
Boston,  for  his  opinion.  A  long  and  most  able  reply  was  given  by  Franklin ; 
he  presented  the  objections  against  such  a  scheme  with  the  greatest  clearness 
and  force ;  he  stated,  amongst  other  reasons,  that  it  was  supposed  to  be  the  un- 
doubted right  of  Englishmen  not  to  be  taxed  but  by  their  own  consent  given 
through  their  Representatives;  and  the  compelling  the  colonists  to  pay  money 
without  their  consent,  would  be  rather  like  raising  contributions  in  an  enemy's 
country,  than  taxing  Englishmen  for  a  public  benefit.  If  Franklin  had  some- 
what misapprehended  the  views  of  his  countrymen  in  framing  the  Albany  plan, 


THE    FRENCH    WAR.  357 

the  French  had  continued  their  attempts  to  establish  themselves 
in  the  country  upon  the  Ohio,  and  a  strong  work  was  erected  at 
the  junction  of  the  Allegany  and  Monongehala  Rivers.  It  was  per- 
ceived by' the  colonists  that  their  claims  to  the  country  must  either 
be  abandoned,  or  that  resistance  must  be  made.  The  latter  was  re- 
sorted to,  under  the  general  authority  that  had  been  given  by  the 
English  King,  to  oppose  and  repel  encroachments.  Accordingly,  a 
company  of  men  was  raised  in  Virginia,  and  in  April,  1754,  they 
advanced  under  the  command  of  Lieutenant  Colonel  Washington, 
towards  the  posts  of  the  French.  Hostilities  soon  ensued;  and 
the  war  thus  commenced,  was  continued  from  that  period.  Yet  an 
actual  declaration  of  war  was  not  made  for  nearly  two  years  later; 
and  hence  this  has  been  called  the  war  of  1756.  In  the  long  con- 
test that  followed,  the  American  colonies  bore  a  full  share.  In 
times  of  peace,  the  several  colonial  establishments  were  carried 
on  by  means  of  regulations  made  by  the  respective  governments; 
but  the  general  direction  of  warlike  operations  being  assumed  by 
the  Crown,  requisitions  for  men  and  money  were  made  upon  the 
colonies,  and  apportioned  among  them  according  to  population 
and  wealth.  The  requisitions  at  this  time  made,  were  mostly 
cheerfully  met.  The  Assembly  of  New  Jersey,  as  well  indeed 
as  other  similar  bodies,  continued  to  maintain  their  privileges; 
they  claimed  the  right  to  exercise  discretion,  and  in  some  instances 
this  discretion  was  followed,  yet  no  disposition  was  manifested 
to  escape  from  reasonable  demands. 

For  a  period  after  the  commencement  of  the  war,  disaster  at- 
tended the  British  arms.  Braddock  failed  and  fell  on  the  Ohio; 
Shirley,  after  a  tedious  and  painful  advance,  effected  nothing  on 
the  Niagara ;  and  the  partial  and  unimproved  success  of  Johnson 
in  the  vicinity  of  Crown  Point,  was  insufficient  to  dispel  the 
general  gloom.  In  many  of  the  colonies  the  greatest  distress  was 
experienced,  not  only  on  account  of  the  exertions  and  deprivations 

he  succeeded  in  perceiving  and  explaining  their  opinions  in  his  notice  of  the 
Ministerial  scheme.  Yet  Franklin  seems  to  have  retained  a  partiality  for  his 
first  work,  and  afterwards  said,  "that  the  different  and  contrary  reasons  of  dis- 
like to  my  plan,  make  me  suspect  that  it  was  really  the  true  medium,  and  I  am 
still  of  opinion  it  would  have  been  happy  for  both  sides,  if  it  had  been  adopted." 

Memoirs,  part  2. 


358  THE    FRENCH    WAR. 

incident  to  the  state  of  affairs,  but  from  the  frequent  incursions  of 
the  French  and  their  savage  confederates.  The  latter,  encouraged 
by  the  successes  of  the  French,  had  broken  from  their  English 
connexions,  and  now  swept  over  the  country,  and  committed  the 
most  atrocious  depredations  and  cruelties.  But  at  length,  under 
the  vigorous  administration  of  the  celebrated  Pitt,  an  entire  altera- 
tion took  place.  The  British  arms  became  triumphant,  and  after 
the  battle  on  the  plains  of  Abraham,  in  September,  1759,  and  the 
consequent  surrender  of  Quebec,  the  power  of  France  in  America 
was  nearly  prostrated.  Negotiations  for  peace  soon  followed,  but 
these  not  being  successful,  a  "family  compact"  was  entered  into 
between  France  and  Spain,  to  oppose  the  growing  pretensions 
and  power  of  the  English.25  The  union  of  these  powers  was  a 
means  of  prolonging  the  contest  for  a  time.  This  indeed  had 
been  foreseen  by  Pitt,  and  he  had  urged  upon  the  Cabinet  the 
necessity  of  forestalling  the  effect,  by  an  early  attack  upon  Spain. 
But  a  new  King  of  narrow  capacity  and  a  determined  temper,  had 
come  to  the  throne,  and  a  portion  of  the  Cabinet  were  jealous  of 
the  power  and  influence  which  the  principal  Minister  had  held 
and  wielded.26  Pitt  was  overruled,  and  he,  resolving  not  to  be 
responsible  for  movements  he  could  no  longer  direct,  resigned  his 
employments  and  place.  But  a  powerful  impulse  had  been  given 
to  the  course  of  affairs,  and  the  new  Minister  had  sufficient  wisdom 
to  follow  in  the  track  that  had  already  been  opened,  and  Great 
Britain,  by  the  aid  of  her  colonies,  rose  superior  to  the  united  power 
of  the  Bourbons.  In  1762,  Havanna,  the  capital  of  Cuba,  and  the 
strong  hold  of  Spanish  America,  surrendered  to  the  English,  and 
other  places  of  strength  were  also  reduced.  These  continued  suc- 
cesses gave  rise  to  dispositions  favourable  to  peace.  France  and 


M  In  this  agreement  between  France  and  Spain,  which  was  concluded  on  the 
15th  of  August,  1761,  it  was  declared  that  the  two  Crowns  would  consider  as 
their  common  enemy  every  power  that  should  become  such  to  either,  and  that 
whoever  attacked  one  Crown,  attacked  also  the  other.  It  was  also-agreed  that 
when  they  should  terminate  by  peace,  the  war  they  had  supported  in  common, 
they  would  balance  the  advantages  that  one  might  have  gained,  against  the 
losses  of  the  other. 

*  Upon  the  death  of  George  the  Second,  in  October,  1760,  George  the  Third 
ascended  the  Throne. 


THE    FRENCH    WAR.  859 

Spain  were  dispirited,  and  England  was  less  desirous  of  farther  con- 
quest, than  for  relief  from  the  embarrassments  caused  by  the  debts 
incurred  in  the  war.  Preliminaries  for  a  treaty  of  peace  were 
agreed  to,  and  signed  on  the  3d  of  November,  1762,  and  the  articles 
were  finally  ratified  and  confirmed  at  Paris  in  February,  1763. 

By  this  treaty,  Nova  Scotia,  Canada,  and  all  their  dependencies 
were  ceded  to  Great  Britain,  and  a  line  was  agreed  upon  between 
the  dominions  of  his  Britanic  Majesty,  and  those  of  his  most 
Christian  Majesty,  drawn  along  the  middle  of  the  River  Missis- 
sippi, from  its  source,  to  the  River  Iberville,  and  from  thence  by 
a  line  drawn  along  the  middle  of  the  River  and  the  Lakes  Maure- 
pas  and  Pontchartrain,  to  the  sea;  and  his  most  Christian  Majesty 
ceded  in  full  right  and  guarantied  to  his  Britanic  Majesty  the 
river  and  port  of  Mobile,  and  every  thing  he  possessed  or  ought 
to  possess,  on  the  left  side  of  the  River  Mississippi,  except  the 
town  of  New  Orleans  and  the  island  on  which  it  is  situated,  which 
were  reserved  to  France.  To  secure  the  restoration  of  Havanna, 
the  King  of  Spain  was  obliged  to  yield  to  Great  Britain,  Florida, 
St.  Augustine,  the  Bay  of  Pensacola,  and  all  her  possessions  to 
the  east  and  south-east  of  the  Mississippi.  To  compensate  Spain 
for  the  loss  of  Florida,  and  thus  to  "balance"  advantages  and 
losses,  France,  by  a  secret  article,  ceded  Louisiana  to  his  most 
Catholic  Majesty. 

The  design  of  France  to  confine  the  English  colonists  to  a 
narrow  strip  of  coast,  or  perhaps  to  subjugate  them  entirely,  was 
thus  completely  defeated.  The  entire  command  of  the  country 
to  the  east  of  the  Mississippi,  was  secured  by  the  English,  and 
Canada  was  added  to  their  possessions.  But  these  advantages 
had  not  been  easily  or  cheaply  obtained.  There  had  been  a 
great  expenditure  of  treasure  and  of  life;  The  colonists  had 
generally  kept  in  the  field  a  force  of  twenty  thousand  men,  and 
had  contributed  more  than  three  millions  of  pounds.27  New 
Jersey  had  raised  at  different  periods,  near  three  hundred  thousand 
pounds,  and  for  a  great  part  of  the  time  had  maintained  a  force  of 
•one  thousand  men,  beside  particular  bodies  for  special  services. 

81  Of  this  sum  the  British  Parliament  reimbursed  at  different  times,  one  mil- 
lion of  pounds. 


860  CHANGES    OF    GOVERNORS. 

Several  changes  had  occurred  during  this  period  in  the  govern- 
ment of  New  Jersey.  At  the  death  of  Governor  Belcher,  which 
occurred  in  August,  1757,  the  administration  again  devolved  upon 
John  Reading,  who  continued  in  office  until  he  was  superseded,  in 
June,  1758,  by  the  arrival  of  Francis  Bernard,  Esq.28  Governor 
Bernard  performed  important  services  in  effecting  a  pacification 
with  the  Indian  tribes.  In  1760,  he  was  transferred  to  the  govern- 
ment of  Massachusetts,  and  was  succeeded  by  Thomas  Boone, 
who,  in  about  one  year,  was  also  transferred,  being  removed  to 
South  Carolina.  Josiah  Hardy,  Esq.,  was  the  next  in  succession; 
his  period  of  service  was  likewise  but  brief;  being  appointed  soon 
afterwards  to  the  Consulate  at  Cadiz.  In  September,  1762,  a 
commission  was  given  to  William  Franklin,  Esq.  He  was  the 
son  of  Dr.  Benjamin  Franklin.  He  had  served  as  a  captain  in 
the  late  war,  and  afterwards  had  accompanied  his  father  to  Eng- 
land. He  owed  his  appointment  to  the  influence  of  Lord  Bute.29 


28  President  Reading  at  first  refused  to  enter  upon  office,  on  account  of  his  age 
and  infirmities,  which  he  said  rendered  "  the  administration  too  burdensome  for 
me  cheerfully  to  undertake."  But  he  finally  consented. 

*  The  appointment  of  Franklin  as  Governor,  was  the  cause  of  some  surprise 
at  the  time,  his  fitness  for  the  place  being  strongly  questioned. 

See  Life  of  Lord  Sterling,  p.  69. 


• V'      '        •"'..'  , 

v  -".'^v  .:  v 
*     ' 


CHAPTER  XVIII. 


OPINIONS    RELATING    TO    THE    RIGHTS    OF  THE  COLONIES. PASSAGE 

OF    THE     STAMP    ACT.—  OPPOSITION     TO    THE     STAMP    ACT. THE 

REPEAL. 

.  THE  long  contest  that  had  been  carried  on  by  England  and  her 
American  colonies  against  a  common'  enemy,  had  served,  for  the 
time,  to  bring  them  into  closer  .union,  both  of  interest  and  of  feeling. 
The  sympathies  that  arose  from  a  common  extraction,  had  been 
strengthened  by  a  participation  in  danger,  and  afterward^  -in 
triumph.  The  Assembly  of  New  Jersey  declared,  at  the  conclu- 
sion of  the-  war,  'that  ""ages  to  come  will  rejoice  in  the  happy 
event,  and  we  trust  -the  recompence  to  our  mother,  country  will 
prove  unfailing  returns  of  wealth  and  gratitude,  in  a  manner  not 

-  now  easily  foreseen."  But  the  concord  that  had  thus  arisen  was 
not  destined  to  be  of  lojig  duration.  At  an  early  period  differences 
of  opinion  began  to  be  manifested  as  to  the  relative  condition  and 
claims  of  the  countries."  Such  differences  indeed  had  long  existed, 
but  no  marked  occasion-had  occurred  for- their  general  exhibition. 
The  colonial  governments  had  been  established',  at  different  times 
aiid  in  different  modes  ;.  there  were -provincial,' proprietary,  and 
charter  governments.  In  some  of  these  the  dependence  .of  the 
people  upon  the  Crown  was  closer  than  in  others;  but  whatever 
might  be  the  particular  character  of  their  institutions,  the  colonists 
claimed  to  be  entitled  to  all  the  privileges  which  belonged  to  other 

•subjects  of  Great  Britain;  They  claimed,  that  in  the  new  and  distant 
country  in  which,  they  were  placed,  they  had  lost  none  of  the  rights 

'and  immunities- that  were  enjoyed  by  residents  and  native  born  sub- 
jects in  the  ancient  realm.  "The  limitations  upon  authority,  which 
existed  and  were  in  force  in  the  mother  country,  were.supposed  also 
to  be  in  force  in  the  .provinces.  In.the  maintenance  of  these  claims, 
important  questions  arose  from  time  to  time  for  consideration  and 
decision,  and  among  the  most  important  of  these,  were  those  relat- 
46 


362       OPINIONS  RELATING  TO  THE  RIGHTS  OF  THE  COLONIES.  - 

•  -»  f<* 

ing  to  representation  and  taxation.  It  was  one  of  the  vital  prin- 
ciples of  the  English  constitution,  that  the  people  should  be  free 
from  all  taxation,  except  such  as  they  had  assented  to,  either 
directly,  or  by  the  representatives  they  had  chosen.  In  the  govern- 
ment of  England,  representation  and  taxation  were  regarded  as  in- 
separable.' The  colonists  claimed  that  this  immunity  belonged  to 
them  as  fully  as  to  any  other  subjects ;  that  Americans  could  not  be 
taxed  but  by  their  own  consent:  This  claim  had  been  advanced  at 
the  earliest  periods,  and  had  been  constantly  maintained.1  They 
also  declared  that  they  were  not,  and  from  their  local  situation  could 
not  be  represented  in  the  British  Parliament,  and  therefore,  that 
they  could  not  be  taxed  by  that  bodyj  that  the  authority  of  Parlia- 
ment in  this  respect  was  entirely  inoperative  in  the  provinces ;  and 
this  doctrine  seemed  to  be  supported  not  only  by  justice,  but  also  by 
the  general  scope  of  provincial  government.  There  was  not,  except 
in  one  instance,  any  thing  to  give  color  to  an  exercise  of  Parliamenta- 
ry authority  in  the  colonies  for  the  purpose  of  taxation.  The  original 
charter  of  Pennsylvania  contained  a  provision  that  the  Crown 
should  levy  no  tax,  or  custom  upon  the  inhabitants,  or  their  goods, 
unless  by  the  consent  of  the  proprietary  or  the  Assembly,  "  or  by 


1  So  early  as  1636,  the  Assembly  of  Plymouth  declared  that  "no  act,  imposi- 
tion, law,  or  ordinance  be  made  or  imposed  -upon  us  at  present  or  to  .come-,  but 
such  as  has,  or  shall  be  enacted  by  the  consent  of  the  body  of  freemen  or  their 
Representatives  legally  assembled;  which  is  according  to  the  free  liberties  of  the 
free  born  people  of  England."  In  1650,  when  the  constitution  of  Maryland 
was  settled,  the  Legislature  enacted,  that  no  taxes  should  be  assessed  or  levied 
on  the  freemen  of  the  province  without  their  own  consent,  or-that  of  their  depu- 
ties. In  1661,  the  General  Court  of  Massachusetts  made  a  similar  declaration, 
and  very  soon  afterwards  Rhode  Island  adopted,  on  her  own  behalf,  the  words 
of  Magna  Cbarta,  that  "no  tallage,  or  custom,  loan,  or  benevolence,  gift,  excise, 
duty,  or  imposition  whatsoever,  be  laid,  assessed,  imposed,  levied,  or  required  of 
any  of  his  Majesty's  subjects  within  this  colony,  or  upon  thek  estates,  upon  any 
pretence,  but  by  the  assent  of  the  General  Assembly  of  this  colony."  (Pitkin, 
vol.  1,  p.  80.)  At  an  early  period,  the  same  principle  was  asserted  in  New 
Jersey.  The  attempt  of  Andross  to  impose  customs  upon,  the  people,  of  West 
Jersey  drew  forth  the  admirable  defence  which  was  made  by  the  proprietors 
against  such  a  demand.  They  asserted  that  it  was  in  direct  opposition  to  their 
English  right  of  common  assent  to  taxes.  Similar  declarations  were  made  at 
different  times  in  nearly  all  of  the  colonies. 


.  •  ..  ..     . 

OPINIONS  RELATING  TO  THE.  RIGHTS  OF  TH.E  COLONIES.       363 

•'¥'.         >*     J    •; 

act  of  Parliament  in  England."2  But  this  single  instance  could 
hardly  be  regarded  as  ground  for  a  general  exercise  of  power. 
Whatever  views  then,  might  be  held,  as  to  the  right  of  Parliament, 
to  bind  the  colonists  in  other  respects,  almost  universal  opinion 
was  against  such  a  right  in  the  case  in  question.3  But  different 
views  were  entertained  in  England,  and  attempts  were  made  at 
various  times  to  impose  taxes  upon  the  colonists.  This  was  even 
done  at  first  by  royal  authority;  the  King,  or  officers  acting  under 
his  .direction,  ordering  such  levies  as  they  should  deem  proper. . 
But  this  was  too  evidently  opposed  to .  the  whole  spirit  of  the 
British  constitution,  to  be  long  tolerated.  Afterwards,  it  was  con- 
tinued by  Parliament,  and  enactments  were  passed  which  were 
made  to  operate  throughout  the  colonies,  and  by  which  large  sums 
were  drawn  from  them.  In  most  instances,  however,  the  opera- 
tion of  these  enactments  was  indirect;  they  had  been  passed  and 
were  executed,  under  the  general  plea  of  regulating  trade  and  com- 
merce ;  a  mode  of  procedure  which  gave  to  such  enactments  the 
least  objectionable  appearance  or  form.  Yet  even  these  enact- 
ments were  strongly  opposed  by  the  colonists,  not  merely  on  ac- 
count .of  their  effect  upon  provincial  interests  in  a  commercial 
sense,  but  also  as  a  violation  of  constitutional  rights.  The  "navi- 
gation laws,"  were  expressly  resisted.  Massachusetts  declared 
that  she  apprehended  them  to  be  an  invasion  of  the  rights, 
liberties,  and  properties  of  his  Majesty's  subjects  in  the  colony, 
they  not  being  represented  in  Parliament,  and  as  a  saving  of  the 
rights  of  the  province,  a  law  was  passed  by  the  Assembly  requir- 
ing the  acts  in  question  to  be  observed.  It  is  still  probable  that 
had  the  authority  of  Parliament  been  confined  to  a  general  regu- 
lation of  trade  and  commerce,  the  colonies  would  have  finally 
acquiesced,  and  submitted.  But  this  was  not  done;  more  direct 
methods  were  now  to  be  attempted.  In  addition  to  a  monopoly 
of  the  proceeds  of  American  industry  in  the  course  of  trade,  the 
British  government  resolved  upon  drawing  a  revenue  from  the 
provinces  by  internal  taxation.  It  has  been  seen,  that  just  previ- 


3 Story,  vol.  1,  p.  111. 

3  It  was  by  no  means  an  uncommon  opinion  in  some  of  the  colonies,  that  no 
act  of  Parliament  could  bind  them  without  their  own  consent. 


f   . 


. 

36¥  OPINIONS  KELATIN-0  TO  THE  RIGFITS  OF  THE  COLONIES.*  /  ' 
!-*?--' t>:"--"'».  "./  .•":-••*.  "-.'-  ';•$••  :.'--- 

ons  to  the  commencement  of  the  war,  a  plan  had  been  formed  by 
"the  Ministry  for  laying-  a  tax  on  the  colonies  by  act  of  Parlia- 

.*rhent.  But  the  opposition  then  made,  prevented  the  projectors 
"from  pressing  the  scheme,  at  a  time  when  full  co-operation  -and 
union  .were  of  so  much  importance.  And  the  spirit  that  was  mani- 
fested by  the  colonists,  even  during  the  continuance  of  the.  contest, 
gave  but  little  encouragement  for  the  renewal  of  such  a  design. 
The  provincial  governments  indeed,  in  most  instances,  met,  and 
•sometimes  exceeded,  tfie  requisitions  that  were  made,  yet  the 

-.amount  to  be  given,  as  well  as  the  particular  appropriations,  were 
carefully  directed  by  the  Assemblies,  and  sometimes  their  own 
discretion  was  followed,  in  opposition  to  special  demands.  The 
Assembly  of  New  Jersey  refused  to  accede  to  the  dem an ds  of 
Lord  Loudoun,  and  declared  that  they  could  not  think  themselves 
"divested  of  a  right  of  judging  of  the  expediency  and  possibility 
of  complying  with  any  demands  made  upon  the  colony."4  But 
at  the  conclusion  of  the  war  with  France  arid  Spain,  there  was 
supposed  to  be  both  an  opportunity  and  a  necessity,  for  an  exten- 
sion of  Parliamentary  power.  The  war,  it  was  said,  had  been  of 
American  origin;  that  in  its  prosecution  the  mother  country  had 
become  deeply  involved  in  debt;  and  hence  that  demands  upon 
the  Colonists  might  justly  be  made.  It  was  apparently  forgotten 
that  the  colonists  had  constantly  contributed  according  to  their 
ability,  and  that  their  exertions  had  tended  to  preserve  an  union, 
which,  if  important  to  themselves,  was  not  less  important  to  the 
parent  State.  The  caution  necessary  in  applying  a  scheme  which 
even  in  a  less  naked  and  questionable  shape  had  met  with  much 

4 Lord  Loudoun  demanded  "in  the  King's  name,  that  one  thousand  men 
should  be  furnished.  But  the  Assembly  resolved  upon  raising  but  five  hundred 
at  the  time,  and  said  that  an  additional  number  could  not  be  supplied  "  in  the 
present  posture  of  affairs."  A  communication  was  afterwards  received  in  which 
it  was  said  that  the  Minister  (Pitt,)  expected  as  large  a  body  of  men  an  they 
ware  able  to  raise.  An  act  was  soon  afterwards  passed  for  completing  the  regi- 
ment to  one  thousand  effective  men;  but  the  House  declared  that  "the  exacting 
obedience  to  any  determinate  proposal,  from  a  people  willing  and  desirous  to  do 
their  utmost  in  a  cause  that  so  intimately  concerns  them,  would  in  our  opinion 
not  answer  the  design,  and  would  essentially  vary  from  that  constitutional 
method  which  has  heretofore,  for  so  many  generations,  honorably  distinguished 
the  English  name.  Votes,  vol.  3- 


PASSAG-E    OF    THE    STAMP    ACT.  365 

opposition,  was  also  apparently  forgotten,  or  wholly  overlooked. 
But  interest,  if  it  sharpens  the  vision  of  men  to  their  particular 
advantages,  seems  sometimes  to  obscure  perception  in  regard  to 
the  rights  of  others;  such  was  the  case  at  this  time  with  the  States- 
men of  England.  Even  Pitt,  at  first,  seemed  lacking  in  discern- 
ment. In  1760,  before  the  conclusion  of  the  war,  he  wrote  to 
Fauquier,  the  Governor  of  Virginia,  that  though  they  had  made 
grants  to  the  colonies,  yet  when  the  war  was  over  they  should 
tax  them  in  order  to  raise  a  revenue  from  them.  Fauquier  pru- 
dently replied,  that  such  an  attempt  might  give  rise  to  much  dis- 
satisfaction.5 Upon  further  reflection,  Pitt  became  sensible  of  the 
impolicy,  as  well  as  the  injustice  of  the  measure  proposed.  But 
others  had  less  acuteness,  or  were  less  scrupulous  than  Pitt. 

In  1764,  Grenville,  the  Prime  Minister,  communicated  to  the  seve- 
ral colonial  agents,  his  intentions  of  drawing  a  revenue  from  the 
colonies,  and  that  with  this  view  he  should,  at  the  ensuing  session 
of  Parliament,  propose  a  duty  on  stamps.  But  he  was  willing  that 
they  should  consider  the  subject,  and  inform  him  whether  any 
other  duty  equally  productive  could  be  substituted.6  But  as  no 
proposals  which  the  Minister  deemed  satisfactory,  were  made,  the 
contemplated  measure  was  brought  forward.  -The  act  passed 
both  Houses  of  Parliament,  and  on  the  22d  of  March,  1765,  it 


s  Griffith's  Historical  Notes,  p.  15. 

«  Some  of  the  agents  made  immediate  objection  to  the  scheme,  and  when 
communicated  to  the  colonies,  it  there  met  with  strenuous  opposition.  In  May, 
17C4,  the  people  of  Boston  declared  that  such  a  tax  "would  annihilate  our 
charter  rights  to  govern  and  tax  ourselves;  it  strikes  at  our  British  privileges 
which  as  we  have  never  forfeited,  we  hold  in  common  with  our  fellow  subjects, 
who  are  natives  of  England.  If  taxes  are  laid  upon  us  in  any  shape,  without 
our  having  a  legal  representation  where  they  are  laid,  we  are  reduced  from  the 
character  of  free  subjects  to  the  state  of  slaves."  Similar  language  was  used  in 
several  of  the  other  colonies.  In  February,  1765,  several  of  the  colonial  agents 
in  England  waited  on  the  Minister  to  remonstrate  against  the  stamp  bill,  and  to 
propose  that  in  case  any  tax  must  be  laid  upon  America,  the  several  colonies 
might  be  permitted  to  lay  it  themselves.  The  Minister  was  assured  that  the 
colonists  would  readily  grant  such  aid  to  the  Crown  as  they  were  able  fo  give, 
whenever  called  for  in  a  constitutional  mariner.  But  Grenville  persisted  in  his 
plans,  and  said  that  he  had  pledged  himself  to  offer  the  stamp  bill  to  the 
House.  Pitkin's  United  States,  Griffith's  Historical  Notes. 


366  -    OPPOSITION    TO    THE    STAMP    ACT. 

received  the  Royal  assent.7  In  the  debate  on  this  Bill,  the  Ministry 
publicly  declared  that  it  was  intended  to  establish  the  power  of 
Great  Britain  to  tax  the  colonies. 

Upon  the  passage  of  the  act,  the  colonial  agents  were  informed 
that  it  was  not  the  intention  of  the  Ministers  to  send  stamp  officers 
from  England,  but  to  appoint  respectable  persons  from  among  the 
inhabitants,  and  the  agents  were  requested  to  nominate  such, 
William  Coxe,  Esq.,  was  appointed  for  New  Jersey.8  The 
operation  of  the  act  was  to  commence  on  the  1st  of  November. 
Probably  from  an  apprehension  that  some  opposition  might  be 
made,  a  supplement  to  the  annual  mutiny -bill  was  passed  almost 
at  the  same  time,  authorizing  the  quartering  of  troops  in  the  colo- 
nies, and  directing  the  Assemblies  to  make  provision  for  them,  in 
a  manner  entirely  unusual. 

The  character  and  tendency  of  these  measures  were  clearly 
perceived,  and  they  were  met  by  the  colonists  with  a  boldness 
and  unanimity  which  would  seem  to  have  proceeded  from  a  deep 
and  general  conviction,  in  relation  to  their  rights,  and  a  strong 
determination  to  maintain  them.  The  Assembly  of  Virginia  was 
the  first  that  met,  after  the  news  of  the  passage  of  the  stamp  act 
was  received,  and  was  the  first  to  give  a  public  declaration  of 
opinion.  A  number  of  resolutions  offered  by  Patrick -Henry  were 
passed  by  that  body,  in  which  the  rights  of  the  colonists  were 
stated  in  the  strongest  manner.  They  asserted,  that  the  General 
Assembly  of  that  colony  had  the  sole  right  and  power  to  lay  taxes 
upon  the  inhabitants,  and  that  every  attempt  to  vest  such  power 
elsewhere  than  in  the  Assembly  aforesaid,  tended  to  the  destruc- 
tion of  British  as  well  as  American  freedom.9  Very  soon  after- 
wards, before  the  action  that  had  been  taken  in  Virginia  was 
known,  the  subject  was  taken  up  in  the  House  of  Representatives 
in  Massachusetts,  and  a  resolution  was  passed  by  that  body  de- 
claring it  to  be  expedient  that  a  Congress  composed  of  Comniis- 

1  The  bill  passed  the  House  by  a  vote  of  250  to  50,  and  the  House  of  Lords 
with  great  unanimity. 

s  Dr.  Franklin  nominated  the  agents  for  Pennsylvania  and  for  New  Jersey. 
Yet  though  in  this  particular  he  forwarded  the  measures  of  the  Minister,  he 
still  perceived  and  represented  the  true  nature  and  tendency  of  the  act 
9  See  these  resolutions  in  Wirte'  Liie  of  Henry,  p.  56. 


OPPOSITION    TO    THE    STAMP    ACT.  867 

sioners  from  all  the  colonies  should  be  held  at  New  York  on  the 
first  Tuesday  of  October,  1765.  This  measure  was  recommended 
in  order  that  they  might  consult  "upon  the  present  circumstances  of 
the  colonies,  and  the  difficulties  to  which  they  are-,' and  must  be 
reduced,  in  consequence  of  the  lat&  acts  of  Parliament."  Three 
persons  were  immediately  appointed  to  attend  such  Congress,  and 
a  circular  was  addressed  to  the  other  colonies  urging  a  similar 
appointment. 

This  circular  was  laid  before  the  Assembly  of  New  Jersey  on 
the.-  20th  of  June,  1765.  But  Governor.  Franklin,  who  (as  his 
father  remarked  at  a  subsequent  period,)  was  "  a  thorough  govern- 
ment man,".10  was  willing  -to. favor  and  forward  the  schemes  of 
the  Ministry,  and  his  influence  was  therefore  exerted  against  the 
present  proposal.  It  must  also  be  acknowledged,  that  it  did  not 
receive  from  the  House  the  attention  that  its  importance  required; 
The  Assembly  was  then  on  the  point  of  adjournment,  and  a  hasty 
and  somewhat  ambiguous  expression  of  opinion  was  made,  and 
the  Speaker  was  directed  to  transmit  the  answer  to  the  Massa- 
chusetts Assembly.  This  answer  implied,  that  the  Assembly 
declined  a  concurrence  in  the  contemplated  movement.  But  sub- 
sequent reflection,  or  intercourse  with  their  constituents,  brought 
the  members  to  a  different,  conclusion,  and  it  was  then  thought  ex- 
pedient to  attempt  a  correction  of  their  former  proceedings.11  A 

10  Franklin's  .Letters, 

"  These  proceedings,  with  the  subsequent  measures  connected '  with  them, 
gave  rise  to  a  correspondence  of  some  asperity  between  .the  Governor  and  the 
House.  The  'Governor  said,  that  according  to  their  own  expressions,  they  had 
taken  the  proposal  from  Massachusetts  into  "deliberate  consideration,"  and  had 
"unanimously  resolved  against  connecting  on  that  occasion."  ,  The  House 
declared  (July  27th,  1766,)  that  they  acknowledged  the  letter  from  Massachu- 
setts, but  that  it  was  on  the  last  day  of  the  session,  some  members  gone,  and 
others  uneasy  to  be  gone;  that  the  Speaker  agreed  to  send,  nay,  urged  that 
members  should  be  sent  to  the  intended  Congress,  but  that  he  changed  his 
mind  upon  some  advice  that  was  given  him;  that  this  sudden  change  of  opinion 
displeased  many  of  the  House,  who  seeing  the'  matter  dropped,  were  indifferent 
about  it.  But  they  said  that  the  letter  of  the  House  was  not  such  as  the  Go- 
vernor represented  it,  and  that  if  the  strong  expressions  mentioned,  were  used, 
an  alteration  must  have  been  made,  and  they  intimated  that  his  Excellency  had 
been  instrumental  in  making  -it.  Votes,  vol.  3.  Gordon's  Hintory,  p.  138. 


368  OPPOSITION    TO    THE    STAMP    ACT. 

circular  was  therefore  addressed  to  the  members,  by  the  Speaker; 
an'd  a  Convention  was  held  at  Amboy,  when  it  was  resolved  that 
delegates  should  be  appointed  to  the  Congress  of  New  York; 
accordingly,  Joseph  Ogden,  the  Speaker  of  the  Assembly,  Hen- 
drick  Fisher,  and  Joseph  Borden,  were  appointed.  This  meeting 
and  the  proceedings  thereat,  were  denounced.by  Governor  Franklin 
as  being  "  unprecedented,  irregular  and  unconstitutional.12  The 
meeting  of  Commissioners  at.  New  York  was  held  at  the  ap- 
pointed time,  (Tuesday,  October,  1765.)  There  were  represen- 
tatives from  most  of  the  colonies.13  This  was  the  first  Convention 
of  the  colonies  for  the  purpose  of  considering  their  rights  and 
privileges,  and  obtaining  redress  for  a  violation  of  them.  They 
put  forth  a  full  and  free  declaration,  and  agreed  upon  petitions  and 
representations  to  the  King  and  to  Parliament.14  Some  difference 
of  opinion  occurred  .in  relation  to  the  question,  whether  the  .peti- 
tions agreed  upon  should  be  transmitted. by  the  Convention,  or  by 
the  several  provincial  Assemblies.  Messrs.  Ruggles,  of  Massa-r 
chusetts,  the  Chairman  of  the  Convention,  and  Og'den,  of  New 
Jersey,  advocated  the  latter  mode,  and  refused  to  sign  with  the 
other  members  of  the  Convention.  .  . 

12  This  meeting  is  worthy  of  notice..    It  was.  not  strictly  a  meeting  of 'the 
Assembly,  but  a  Convention  of  the  members,  and  was  the  first  of  a  series  of 
movements  made  without  the  sanction  of  the  Governor.     The  measure  was  ap- 
proved and  defended  by  the  Assembly  at  their  subsequent  meeting;  it  was  said 
that  the  members  present  at  the  time,  came  together,  persuaded  that  his  Excel- 
lency had  decline'd  calling  the  House,  (the  Governor,  however,  asserted  that  he 
had  not  been  applied  to,)  'that'. though  a  majority  of.-the  Assembly  were  present 
they  did.  not  meet  in  any  legislative  capacity,  but  to  prevent  disorder,  and  pre- 
serve the  peace  of -.the  government,  and  that  few  would  think  with  his  Excel- 
lency, that  it  was  a  violation  of  the  principles  of  the  constitution.     . 

13  There  were  delegates  from  Massachusetts,  Rhode  Island,  Connecticut,  New 
York,  New  Jersey,  Pennsylvania,- Delaware,  Maryland,  and' South  Carolina. 
New  Hampshire,  Georgia,  Virginia,  and  North  Carolina,  were  not  represented, 
but  the  twp  former -gave  assurances  of  their  willingness  to  unite  in-  petitions  to 
the  King  and  Parliament.  •  The  Assemblies  of  the  two  latter  had  not  been  hi 
session  since  a  proposition  for  a  Convention  had  been  made,  and  the  Governors 
refused  to  call  special  sessions  for  the  purpose,  and  the  independent  course  pur- 
sued in  New  Jersey,  was  not  attempted. 

14  The  proceedings  of  this  meeting  were  of  high  importance;  they  are  given 
at  length  iu  Pit  kins'  History*  pp.  130, 136.  Slory'.s  Commentaries,  vol.  1,  p.  1 75. 


OPPOSITION    TO    THE    STAMP    ACT.  rfb'J 

The  Assembly  of  New  Jersey  was  convened  on  the  27th  of 
November,  by  the  Governor,  at  the  request  of  the  Speaker,  Ogden, 
and  some  of  the  members  of  the  House.  The  course  that  had 
been  pursued  by  Ogden  in  refusing  to  join  in  the  final  proceedings 
of  the  Convention  at  New  York,  was  much  disapproved  in  the 
province,  and  in  consequence  he  resigned  his  seat  in  the  Assembly, 
and  a  new  Speaker,  Cortland  Skinner,  was  chosen.  A  report  of 
the  proceedings  of  the  meeting  at  New  York  was  laid  before  the 
Assembly  by  the  other  delegates,  and  was  unanimously  approved. 
A  series  of  resolutions  were  also  adopted  reiterating  the  views  of 
the  Convention,  and  the  House  declared  that  as  the  late  act  of 
Parliament  (the  stamp  act,)  was  found  to  be  utterly  subversive  of 
privileges  inherent  in,  and  originally  secured  by  grants  and  con- 
cessions from  the  Crown  of  Great  Britain  to  the  people  of  the 
coloTiy,  they  considered  it  a  duty  to  themselves,  their  constituents, 
and  posterity,  to  leave  a  record  of  their  resolves  upon  their  journal. 15 

."Resolved,  1.  That  his  Majesty's  subjects,  inhabitants  of  th'is  province,  are 
inviolably  attached  to  his  Royal  person  and  government;  and  have  ever  shown, 
and  we  doubt  not  ever  will,  their  utmost  readiness  and  alacrity  for  acceding  to 
the  constitutional  requisitions  of  the  Crown,  as  they  have  been  from  time  to 
time  made  to  this  colony.  2.  That  his  Majesty's  liege  subjects  in  this  colony 
are  entitled  to  all  the  inherent  rights  and  liberties  of  his  natural  born  subjects 
within  the  kingdom  of  Great  Britain.  3.  That  it  is  inseperably  essential  to  the 
freedom  of  the  people,  and  the  undoubted  right  of  Englishmen,  that  no  taxes  be 
imposed  on  them  but  with  their  own  consent,  given  personally  or  by  their  Re- 
presentatives. 4.  That  the  people  of  this  colony  are  not,  and  from  their  remote 
situation,  cannot  be  represented  in  the  Parliament  of  Great  Britain;  and  if  the 
principle  of  taxing  the  colonies  without  their  consent,  should  be  adopted,  the 
people  here  would  be  subjected  to  the  taxation  of  two  legislatures;  a  grievance 
unprecedented,  and  not  to  be  thought  of  without  the  greatest  anxiety.  5.  That 
the  only  representatives  of  the  people  of  this  colony  are  persons  chosen  by  them- 
selves; and  that  no  taxes  ever  have  been,  or  can  be  imposed  on  them,  agreeable 
to  the  constitution .  of  this  province,  granted  and  confirmed  by  his  Majesty's 
most  gracious  predecessors,  but  by  their  own  legislature.  6.  That  all  supplies 
being  free  gifts,  for  the  people  of  Great  Britain  to  grant  to  his  Majesty  the  pro- 
perty of  the  people  of  this  colony,  without  their  consent,  and  being  represented, 
would  be  unreasonable,  and  render  legislation  in  this  colony  useless,  in  the 
most  essential  point.  7.  That  the  profits  of  trade  arising  from  this  colony,  cen- 
tering in  Great  Britain,  eventually  contributes  to  the  supplies  granted  there  to 
the  Crown.  «.  That  the  giving  unlimited  power  to  any  subject  or  subjects,  to 
47 


370  OPPOSITION    TO    THE    STAMP    ACT. 

Immediately  afterwards  the  House  was  prorogued  by  the  Gover- 
nor, and  his  Excellency  took  this  opportunity  to  express  his  dis- 
satisfaction with  the  late  transactions,  and  his  surprise]  at  the 
present  proceedings  of  the  House,  especially  their  approval  of  the 
meeting  at  Amboy. 

The  opposition  to  the  stamp  act  was  so  general  and  decided 
thoughout  the  colonies,  that  before  the  time  for  its  operation  arrived 
(November  17th,)  neither  stamps  or  stamp  officers  were  to  be  found. 
In  New  Jersey,  beside  the  acts  that  have  been  noticed,  the  sense 
of  the  people  was  otherwise  expressed.  In  September,  Coxe,  the 
stamp  officer  for  the  province,  voluntarily  resigned,  and  subse- 
quently published  a  copy  of  his  resignation  and  declared  that  he 
had  appointed  no  deputy,  and  would  never  act  under  the  law.  In 
different  places  throughout  the  province  the  people  in  public 
declarations,  or  by  other  means,  manifested  their  opposition  to  an 
observance  of  the  act.16  After  the  time  had  arrived  for  the  opera- 


impose  what  taxes  they  please  in  the  colonies,  under  the  mode  of  regulating  the 
prices  of  stampt  vellum,  parchment  and  paper,  appears  to  be  unconstitutional, 
contrary  to  the  rights  of  the  subjects,  and  apparently  dangerous  in  its  character. 
9.  That  any  incumbrance,  which  in  effect  restrains  the  liberty  of  the  press  in 
America,  is  an  infringement  upon  the  subject's  liberty.  10.  That  the  extension 
of  the  powers  of  the  Court  of  Admiralty,  within  this  province,  beyond  its  ancient 
limits,  is  a  violent  innovation  of  the  right  of  trial  by  jury,  a  right  which  this 
House,  upon  the  principles  of  their  British  ancestors,  hold  most  dear  and  in- 
valuable. 11.  That  as  the  tranquility  of  this  colony  hath  been  interrupted 
through  fear  of  the  dreadful  consequences  of  the  stamp  act,  that  therefore  the 
officers  of  the  government,  \\  ho  go  on  in  their  offices  for  the  peace  -and  good  of 
the  province  in  the  accustomed  manner,  while  things  are  in.  their  present  un- 
settled condition,  will,  in  the  opinion  of  this  House,  be  entitled  to  the  counte- 
nance of  the  legislature;  and  it  is  recommended  to  our  constituents,  to  use  what 
endeavours  lie  in  their  power,  to  preserve  the  peace,  quiet,  order,  harmony,  and 
good  order  of  the  government,  that  no  heats,  disorders,  or  animosities,  may  in 
the  least  obstruct  the  united  endeavours  that  are  now  strongly  engaged  for  the 
repealing  of  the  act  above  mentioned,  and  other  acts  affecting  the  trade  of  the 
colonies.  Votes,  vol.  3.  Gordon's  New  Jersey,  p.  140. 

16  The  freemen  of  the  county  of  Essex  made  strong  declarations,  asserting  that 
the  act  was  unconstitutional,  and  that  they  would  in  no  wise  give  it  countenance 
or  support.  The  inhabitants  of  Salem  learning  that  John  Hatton,  a  resident 
there,  was  desirous  to  be  employed  in  the  distribution  of  stamps,  obliged  him  to 
relinquish  the  design.  These  measures  of  resistance  were  urged  and  supported 


REPEAL    OF    THE    STAMP    ACT.  371 

tion  of  the  law,  as  the  use  of  all  but  stamp  paper  was  forbidden 
in  formal  transactions,  a  period  of  much  confusion  occurred ;  the 
courts  were  closed,  and  business  was  almost  suspended.  But  this 
period  was  of  short  duration ;  the  colonists  resolved  to  brave  the 
consequences.  In  February,  1766,  a  meeting  of  the  members  of 
the  bar,  in  New  Jersey,  was  held  at  New  Brunswick,  to  consider 
the  propriety  of  continuing  their  practice,  and  they  determined  to 
resume  it  on  the  ensuing  April,  without  any  regard  to  the  act. 
The  public  offices  were  soon  afterward  re-opened.17 

It  was  fortunate  that  whilst  these  transactions  were  taking  place 
in  America,  a  train  of  circumstances  unconnected  with  colonial 
affairs,  led  to  a  change  of  the  Ministry  in  England.  The  Gren- 
ville  party  were  displaced,  and  were  succeeded  by  an  administra- 
tion with  different  views.  The  Parliament  was  opened  by  a 
speech  from  the  Throne,  in  which  his  Majesty  declared  that  he 
had  "firm  confidence  in  their  wisdom  and  zeal,  which  he  trusted 
would  guide  them  to  such  sound  and  prudent  resolutions  as  might 
tend  to  preserve  the  constitutional  rights  of  the  British  Legislature 
in  the  colonies,  and  restore  them  to  that  harmony  and  tranquility 
which  had  been  interrupted  by  disorders  of  the  most  dangerous 
nature."  The  new  Ministers  were  disposed  to  measures  of  relief, 
but  their  action  was  accelerated  (though  perhaps  its  direction  was 
somewhat  changed,)  by  the  subsequent  debate.  Pitt  came  forward 
upon  the  motion  for  the  address,  and  condemned  in  the  most  posi- 
tive terms,  the  act  for  collecting  stamp  duties,  and  declared  that 
Parliament  had  no  right  to  tax  the  colonies.  He  yet  asserted, 
that  "the  authority  of  the  British  government  is  supreme  in  every 
circumstance  of  government  and  legislation  whatever,"  maintain- 


by  an  association  of  persons  who  styled  themselves-'S-Spws  of  Liberty,"  and 
whose  special  object  was,  to  prevent  any  attempt  to  carry  :thfe  stamp  act  into  exe- 
cution. This  association  had  originated  in  Connecticut  and  New  York,  and 
bound  themselves,  among  other  things,  to  march  to  any  part  of  the  continent, 
at  their  own  expense,  to  support  the  British  constitution  in  America,  by  which, 
it  was  understood,  and  stated,  that  an  opposition  to  the  stamp  act  was  meant  The 
association  finally  extended  into  other  colonies;  they  were  in  active  operation 
in  New  Jersey. 

"  Gordon,  p.  138. 


372  REPEAL    OF    THE    STAMP    ACT. 

ing  the  proposition,  that  taxation  is  no  part  of  the  governing  power, 
but  that  taxes  were  a  voluntary  gift  and  grant  of  the  people.  'He 
recommended  that  the  stamp  act  should  be  repealed,  absolutely, 
tota'ly  and  immediately.  These  views  were  strongly  opposed 
by  the  late  Ministers,  especially  by  Grenville  who  manifested  the 
greatest  hostility  to  American  interests  and  claims,  and  urged  the 
execution  of  the  stamp  act  at  every  hazard.  He  said  that  the  dis- 
turbances in  America  were  growing  to  tumults  and  riots,  and  if 
the  doctrine  he  had  heard  that  day,  should  be  confirmed,  he  feared 
that  instead  of  riot;  there  would  soon  be  revolution.  He  contended 
that  taxation  was  a  part  of  the  sovereign  power,  and  that  it  might 
be,  and  had  been  exercised  over  those  who  were  not  represented. 
The  administration,  with  their  supporters,  resolved  upon  an  inter- 
mediate course.  The  stamp  act  was  totally  repealed,  but  the  repeal 
was  attended  by  a  "declaratory  act,"  in  Avhich  the  power  and- right 
of  Great  Britain  to  bind  the  colonies  in  all  cases  whatever,  was  as- 
serted.18 The  repeal  and  the  declaratory  act  passed  the  House 
together  on  the  5th  of  March,  1766,  and  were  sent  to  the  House 
of  Lords.  In  the  latter  House,  the  repeal  was  strenuously  opposed. 
But  the  measure  was  strongly  supported  by  Lord  Camden.  He 
denied  the  right  of  Parliament  to  tax  the  colonists  because  unre- 
presented. "Taxation  and  representation,"  he  said,  "were  in- 
seperably  connected,  no  British  Parliament  can  separate  them ;  to 
endeavour  to  do  it  is  to  stab  our  vitals."  The  two  bills  passed 


18  Although  the  debates  of  the  House  in  relation  to  the  stamp  act  seemed  to 
touch  most  upon  constitutional  questions,  yet  other  considerations  had  scarcely 
less  weight  The  merchants  and  manufacturers  exerted  themselves  in  favor  of 
repeal.  The  non-importation  agreements  which  had  been  entered  into  by  the 
colonists,  and  the  confusion  that  existed,  were  found  extremely  prejudicial  to  the 
commercial  interests  of  the  country.  The  condition,  disposition,  and  feelings 
of  the  colonists,  were  also  considered.  Persons  were  examined  before  the  House, 
touching  these  particulars;  Franklin  underwent  a  long  examination,  and  he 
declared  to  the  House,  that  the  Americans  never  would  pay  the  stamp  duties, 
however  modified,  and  that  the  Assemblies  would  not  acknowledge  the  right  of 
Parliament  to  tax  them,  or  rescind  their  resolutions  upon  that  point  "unless 
compelled  by  force  of  arms."  The  petition  from  the  American  Congress  was 
rejected,  because  the  meeting  had  not  been  called  under  authority  from  the 
Crown,  yet  this  and  other  petitions  on  the  subject,  had  their  influence. 


REPEAL  OF  THE 'STAMP  ACT.  373 

the  House  of  Lords  on  the  18th  of  March,  and  on  the  following 
day  received  the  Royal  assent.19 

The  news  of  the  repeal  of  the  stamp  act  was  received  in  America 
with  the  highest  satisfaction.  The  relief  from  an  immediate  evil 
was  deemed  of  so  much  importance,  that  but  little  attention  was 
paid  to  the  principles  and  claims  that  were  advanced  in  the  decla- 
ratory act;  indeed. that  act  was  considered  as  being  designed  rather 
to  save  the  honor  or  pride  of  Great  Britain,  than  to  point  out  the 
course  to  be  afterwards  pursued. 

The  Legislature  of  New  Jersey  was  convened  by  the  Governor 
on  the  llth  of  June,  1766.  His  Excellency  said  that  he  had  de- 
ferred the  meeting  until  he  was  enabled  to  communicate  the  deter- 
mination of  his  Majesty,  and  of  Parliament,  respecting  the  stamp 
act,  and  he  congratulated  the  House  upon  the  repeal.  He  ex- 
pressed his  satisfaction  that  no  act  of  outrage  or  violence  had  been 
committed  in  the  province,  and  spoke  of  the  "tenderness,  lenity, 
and  consideration,,  the  wisdom,  justice,  and  equity  which  his 
Majesty  and  the  Parliament  have  manifested  on  this  signal  occa- 
sion." An  address  was  afterwards  prepared  by  the  Assembly,  to 
the  King,  in  which  they  expressed  their  gratitude  to  his  Majesty, 
his  Ministry,  and  Parliament,  for  the  relief  that  was  experienced 
by  tRe  removal  of  the  burden  of  an  "impolitic  law." 


19  The.  King  himself  was  opposed  to  the  repeal,  as  were  ajl  his  particular 
favorites,  and  confidants.  The  Lords  of  the  Bedchamber,  and  most  of  the 
Bishops,  as  is  said,  urged  that  America  should  rather  be  desolated  with  fire  and 
sword,  than  pacified  by  concession.  Griffith's  Historical  Notes,  p.  26. 


CHAPTER  XIX. 

IMPOSITION    OF    NEW    TAXES. OPPOSITION    TO    THE    NEW   TAXES. 

THE    TEA    DUTY. THE    TEA  DUTY  RESISTED. CONGRESS  OF  THE 

COLONIES.  — PROCEEDINGS     OF      CONGRESS     APPROVED      IN      NEW 
JERSEY. COERCIVE    MEASURES    OF    ENGLAND. 

THE  joy  of  the  colonists  on  account  of  the  repeal  of  the  "im- 
politic law,"  was  not  long  continued.  Measures  soon  followed 
that  were  calculated  to  dampen  satisfaction,  and  revive  distrust. 
A  circular  was  received  in  the  colonies  from  Secretary  Conway, 
in  which  he  announced,  that  the  King  and  Parliament  were  dis- 
posed to  forgive  and  forget  the  marks  of  an  undutiful  disposition 
that  had  lately  been  shown,  but  at  the  same  time  required,  that  full 
and  ample  compensation  should  be  made  to  those  who  had  suf- 
fered from  their  deference  to  the  act  of  the  British  legislature.  This 
order,  though  it  might  bear  the  semblance  of  justice,  was  yet 
founded  upon  an  assumption  of  the  rightfulness  of  the  act  which 
the  people  had  resisted.  This,  together  with  other  circumstances, 
caused  it  to  be  but  tardily  and  reluctantly  complied  with.  Yet  as 
this  was  finally  done,  no  important  difficulty  arose  from  this 
source.1  More  serious  dissatisfaction  was  created  by  the  execu- 
tion of  the  act  for  quartering  soldiers  in  the  colonies.  This  act 
required,  that  the  troops  should  be  furnished  with  quarters,  fire, 
bedding,  candles,  small  beer,  rum,  &c.,  at  the  expense  of  the  colo- 


>  The  compensation  required  was  for  injuries  done  to  the  property  of  persons 
connected  with  the  distribution  of  stamps.  In  Boston  and  New  York,  especially 
the  former,  opposition  had  been  carried  to  violence,  and  the  houses  of  some  of 
the  officers  demolished.  The  order  for  compensation  was  rendered  more  dis- 
pleasing in  Massachusetts,  by  the  arrogant  and  positive  manner  of  Governor 
Bernard  in  demanding  compliance  therewith.  The  compensation  was  finally 
made,  but  was  connected  with  the  addition  of  a  free  pardon  to  all  offenders. 
In  this  form  the  act  \vaa  but  little  acceptable,  and  was  rejected  by  his  Majesty, 
but  the  compensation  was  afterwards  furnished  to  the  sufferers. 


IMPOSITION   OF    NEW   TAXES.  875 

nies,  and  thus  in  effect  a  direct  and  unusual  tax,  was  imposed.  In 
Massachusetts  the  requisition  was  partially  complied  with.  In 
New  York  the  Governor  applied  to  the  Assembly  to  make  the 
required  provision  for  the  troops  that  had  lately  arrived  under 
General  Gage,  but  the  House  replied,  that  according  to  their  con- 
struction of  the  act,  it  required,  that  all  the  forces  that  should  at 
any  time  enter  the  colony  should  be  quartered  during  the  whole 
year  in  a  very  unusual  manner,  and  that  by  marching  several 
regiments  into  the  colony,  the  expense  would  be  ruinous,  and  that 
they  could  not,  consistant  with  their  duty  to  their  constituents,  put 
it  into  the  power  of  any  one  (whatever  might  be  their  confidence 
in  his  prudence  or  integrity,)  to  impose  such  a  burden.  The  re- 
quisition was  laid  before  the  Assembly  of  New  Jersey  in  June, 
17B6,  and  the  House  directed  that  provision  should  be  made 
according  to  the  former  laws  of  the  colony.  The  subject  was 
frequently  urged  by  the  Governor,  who  insisted  upon  full  compli- 
ance ;  but  the  "unusual  requisitions  for  the  accommodation  and 
supply  of  the  officers  and  troops,  were  said  by  the  House  to  be  a 
matter  of  "surprise  and  concern,"  and  they  informed  the  Gover- 
nor that  they  looked  upon  the  act  for  quartering  soldiers  in 
America  to  be  virtually  as  much  an  act  for  laying  taxes,  as  the 
stamp  act.2 

But  occurrences  of  a  character  still  more  unfavorable  to  har- 
mony soon  took  place.  In  July,  1766,  the  administration  of  the 
Marquis  of  Rockingham  terminated,  and  was  succeeded  by  one 
composed  of  men  of  various  political  principles  and  parties. 
Charles  Townsend,  a  man  whose  qualities  were  far  more  brilliant 
than  solid,  became  Chancellor  of  the  exchequer,  and  he  presently 
ventured  a  boast  that  he  was  able  to  devise  a  plan  for  taxing  the 
colonists.  Grenville,  the  former  Minister,  actuated  by  dislike  to 
the  colonists,  or  by  a  desire  to  retrieve  in  some  manner  his  former 
defeat,  was  constantly  urging  the  adoption  of  plans  for  this  purpose, 
and  at  length  abruptly  charged  upon  the  Ministry,  that  they  were 
deterred  by  fear  from  making  the  attempt.  Townsend,  yielding 
to  an  excitement  but  little  suited  to  the  place  or  the  occasion, 
hastily  declared:  "I  dare  tax  America,"  and  directly  proceeded 

"  Votes.     Franklin's  letter  to  Shelburne. 


376  OPPOSITION    TO    THE    NEW    TAXES. 

to  vindicate  his  courage,  at  the  expense  it  may  be  of  his  judg- 
ment, and  certainly  at  the  cost  of  the  best  interests  of  the  country. 
Unhappily,  a  change  had  occurred  in  Parliament  that  enabled  the 
Minister  to  carry  out  his  designs;  a  sense  of  justice  had  given 
way  to  a  feeling  of  pride,  and  a  desire  to  reduce  the  colonists 
again  to  subjection,  began  to  prevail.  Under  these  circumstances, 
the  Minister  submitted  a  bill  to  the  House  for  imposing  duties  on 
glass,  paper,  paste-board,  white  and  red  lead,  painter's  colours,  and 
tea,  payable  on  the  importation  of  these  articles  into  the  colonies. 
The  preamble  declared  that  it  was  expedient  to  raise  a  revenue  in 
America,  and  to  make  more  certain  and  adequate  provisions  for 
defraying  the  charge  of  the  administration  of  justice  in  the  pro- 
vinces.3 This  bill  passed  both  Houses  of  Parliament  with  scarcely 
any  opposition,  and  became  a  law  in  June,  1767.  Very  soon 
afterwards,  the  conduct  of  the  Assemblies  of  Massachusetts  and 
New  York  was  brought  into  notice ;  the  refusal  of  the  latter  to 
comply  with  the  requisitions  for  supplying  the  troops,  gave  par- 
ticular offence,  and  an  act  was  passed  restraining  the  Legislature 
of  that  province  from  passing  any  act  whatever,  until  the  late 
requisitions  were  complied  with.  Nearly  at  the  same  time,  an 
enactment  was  made  authorizing  the  King  to  put  the  customs  and 
other  duties  in  America,  and  the  execution  of  the  laws  relating  to 
trade  there,  under  the  management  of  Commissioners,  to  be  ap- 
pointed for  that  purpose,  and  to  reside  in  the  colonies. 

These  three  acts  were  received  in  America  almost  at  the  same 
time.  The  passage  of  such  laws  within  one  year  after  the  strug- 
gle against  the  stamp  act,  excited  amazement  and  indignation 
throughout  the  colonies.  The  act  for  laying  duties  on  glass  and 
other  articles,  if  somewhat  different  in  form,  as  it  imposed  charges 
to  be  paid  upon  imports,  was  yet  in  its  principle  and  objects  the 
same  as  the  stamp  act.  It  was  still  a  plan  for  taxing  the  people 
without  their  consent.  The  entire  suspension  of  legislation  in  a 

*  A  provision  in  the  bill  empowered  the  Crown  to  establish  a  general  civil 
list  throughout  every  colony  in  -North  America  to  any  extent,  with  salaries, 
pensions,  or  appointments  to  the  whole  amount  of  the  new  du  ies.  This  was 
the  attainment  of  the  object  that  had  been  sought  by  every  Minister  since  the 
reign  of  Charles  II,  the  establishment  of  a  civil  list  independent  of  the  Assem- 
blies. It  was  a  great  advance  toward  the  destruction  of  liberty. 


OPPOSITION    TO    THE    NEW    TAXES.  377 

colony,  was  a  still  further  exercise  of  arbitrary  power.  Parlia- 
ment not  only  assumed  the  functions  which  could  only  be  right- 
fully performed  by  the  provincial  Assemblies,  but-  threatened  in 
effect,  to  destroy  the  Assemblies  themselves.  If  government  could 
be  wholly  suspended  at  the  pleasure  of  Parliament,  the  colonists 
were  slaves  indeed.  But  the  same  temper  and  spirit  that  had 
formerly  been  manifested,  were  yet  in  existence  in  the  provinces  ; 
and  if  resistance  to  the  measures  that  were  now  in  progress  was 
not  so  suddenly  exhibited  as  on  a  former  occasion,  a  feeling  per- 
haps still  deeper,  was  gradually  awakened.  The  people  began  to 
inquire  with  closer  scrutiny  concerning  their  rights-  Able  political 
essays  were  published,  in  which  the  real  nature  and  tendency  of 
the  measures  of  Parliament  were  clearly  set  forth,  and  the  people 
were  exhorted  to  firmness  and  vigilence.4  Determination  in- 
creased with  the  light  that  was  elicited  by  discussion  and  inquiry. 
In  December,  1767,  the  Assembly  of  Massachusetts  convened, 
and  early  in  the  session  entered  upon  a  consideration  of  the  recent 
enactments  of  Parliament.  The  Assembly  plainly  perceived  that 
the  former  attempt  was  renewed,  and  they  at  once  resolved  to 
oppose  it.  They  advanced  anew  their  claim  to  all  the  rights 
enjoyed  by  other  subjects,  and  declared,  that  the  late  acts  of  Parlia- 
ment, as  well  as  those  formerly  passed,  were  as  much  revenue  acts 
as  the  land  tax,  customs,  and  excises  in  England.  In  reference  to 
the  restraints  upon  the  Legislature  of  New  York,  they  said,  that 
the  extension  of  such  restrictions  would  be  a  short  and  easy 
way  of  destroying  all  Legislative  authority  in  America.  In 
February,  1768,  they  adopted  a  resolution  for  addressing  a  circu- 
lar letter  to  the  other  colonies  concerning  the  difficulties  that  must 
accrue  by  the  operation  of  the  several  acts  imposing  duties  and 
customs  on  the  colonies.  This  circular  was  laid  before  the  As- 
sembly of  New  Jersey,  by  the  Speaker,  on  the  15th  of  April, 
1768,  and  on  the  following  day  it  was  referred  to  a  committee  to 

4  Among  the  most  able  of  these  papers  were  the  "Letters  of  a  Pennsylvania 
Farmer,"  written  by  John  Dickinson.  They  obtained  a  great  circulation  and 
wide  popularity.  Dickinson  warned  his  countrymen  not  to  be  deluded  by  the 
moderation  of  the  new  duties;  declared  that  there  was  no  solid  distinction  be- 
tween the  present  and  the  former  mode  of  taxation ;  and  urged  to  a  resort  to  the 
same  measures  of  resistance  that  had  formerly  prevailed. 

48  « 


378  OPPOSITION    TO    THE    NEW    TAXES. 

prepare  and  bring  in  an  answer.  A  suitable  reply  was  accordingly 
prepared,  and  was  transmitted  to  the  Massachusetts  Assembly. 
Soon  afterwards  the  House  resolved  that  a  dutiful  and  loyal  ad- 
dress should  be  presented  to  his  Majesty,  humbly  beseeching  him 
to  consider  the  distressed  condition  of  the  colonies  On  the  7th 
of  May  the  address  was  agreed  to.5 

« The  address  set  forth  that  "  before  that  happy  period  in  which  the  empire 
of  the  British  dominions  was,  hy  the  favor  of  Divine  Providence,  for  the  felicity 
of  those  dominions,  and  of  Europe  in  general,  established  in  your  illustrious 
House ;  our  ancestors,  with  the  consent  of  the  Crown,  removed  from  their  native 
land,  then  abounding  in  all  blessings,  but  that  perfect  security  of  liberty,  and 
that  merciful  spirit  of  administration  which  render  your  royal  family  so  justly 
dear  to  your  remotest  subjects  ;  and  ventured  with  their  helpless  relatives  through 
a  vast  ocean,  and  trusted  themselves  with  their  tender  companions  to  the  un- 
known wilderness  of  the  New  World,  the  horrors  of  which  no  consideration 
could  render  tolerable  but  the  prospect  of  enjoying  here  that  complete  freedom 
which  Britons  never  thought  could  be  purchased  at  too  dear  a  price.  The  sub- 
jects thus  emigrating  brought  with  them,  as  inherent  in  their  persons,  all  the 
rights  and  liberties  of  natural  born  subjects  within  the  parent  state ;  in  conse- 
quence of  these,  a  government  was  formed  under  which  they  have  been  con- 
stantly exercised  and  enjoyed  by  the  inhabitants,  and  repeatedly  and  solemnly 
recognized  and  confirmed  by  your  royal  predecessors  and  the  legislature  of 
Great  Britain.  One  of  these  rights  and  liberties  vested  in  the  people  of  this 
colony,  is  the  privilege  of  being  exempt  from  any  taxation  but  such  as  is  im- 
posed on  them  by  themselves,  or  by  their  Representatives;  and  this  they  esteem 
so  invaluable,  that  they  are  fully  persuaded,  no  other  can  exist  without  it.  Your 
Majesty's  signal  distinction  is,  that  you  reign  over  freemen,  and  your  peculiar 
glory,  that  you  reign  in  such  a  manner,  that  your  subjects,  the  disposers  of  their 
own  property,  are  ready  and  willing  whenever  your  service  calls  upon  them, 
with  their  lives  and  fortunes,  to  assist  your  cause.  Your  people  of  this  colony, 
who  share  in  the  blessings  flowing  from  your  wisdom  and  virtue,  most  gratefully 
sensible  of  their  obligations  to  so  excellent  a  Prince,  hope  they  have  never  been 
deficient  in  duly  acknowledging  them ;  whenever  it  has  been  necessary  that 
supplies  should  be  levied  within  this  colony,  requisition  by  your  Majesty,  or  by 
your  royal  predecessors,  conformable  to  the  rights  and  liberties  of  this,  your 
people,  have  been  made,  and  readily  complied  with.  We  beseech  your  Majesty 
to  do  them  the  justice  to  believe  that  they  can  never  fail  on  any  future  occasion 
to  demonstrate  their  devotion.  With  such  sentiments,  your  people  observe 
with  the  greatest  anxiety  and  concern  that  duties  have  been  lately  imposed  on 
them  by  Parliament,  for  .the  sole  and  express  purpose  of  raising  a  revenue.  This 
is  a  taxation  upon  them  from  which  they  conceive  they  ought  to  be  protected 
by  the  acknowledged  principles  of  the  constitution,  that  freemen  cannot  be  taxed 


OPPOSITION    TO    THE    NEW    TAXES.  379 

The  circular  of  Massachusetts  to  the  other  colonies,  created 
alarm  in  the  British  Cabinet;  it  was  supposed  to  be  preparatory 
to  another  Congress,  and  concert  of  action  among  the  provinces 
was  dreaded.  As  a  means  of  prevention,  Lord  Hillsborough,  the 
Secretary  of  State  for  the  colonies,  addressed  a  letter  to  the  Gover- 
nor of  Massachusetts,  directing  him  to  require  the  Assembly,  in 
his  Majesty's  name,  to  rescind  the  resolution  in  relation  to  the 
circular,  and  to  declare  their  disapprobation  of  "that  rash  and 
hasty  proceeding."  A  letter  was  also  directed  to  the  Governors 
of  the  several  colonies,  to  be  laid  before  the  respective  Assemblies, 
in  which  the  conduct  of  Massachusetts  in  sending  the  circular, 
was  declared  to  be  "dangerous  and  factious"  in  its  tendency;  and 
directions  were  given  to  the  Governors  to  use  their  influence  to 
prevent  the  Assemblies  from  taking  any  notice  of  the  circular,  that 
thereby  it  might  be  treated  "with  the  contempt  it  deserved."  It 
is  not  certain  that  the  warning  or  direction  of  the  Secretary  was 
made  known  to  the  Assembly  of  New  Jersey  before  action  was 
taken  in  the  case,  but  if  so,  no  effect  whatever  was  produced. 
No  greater  impression  was  made  in  the  other  colonies.6  But  the 
Assemblies  were  generally  dissolved  upon  their  refusal  to  comply 
with  the  Secretary's  wishes. 

In  the  mean  time,  the  new  Board  of  Commissioners  of  Customs 
established  by  the  King,  had  entered  upon  the  duties  of  their 
office  at  Boston.  They  soon  manifested  an  intention  to  enforce 
the  laws  relating  to  trade,  in  the  strictest  manner.  In  May,  1768, 
the  sloop  Liberty,  belonging  to  John  Hancock,  arrived  at  Boston 
laden  with  wines  from  Madeira.  In  landing  the  cargo,  the 
mode  of  procedure  which  had  hitherto  prevailed,  was  pursued, 

but  by  themselves,  or  by  their  Representatives,  and  that  they  are  represented  in 
Parliament,  they  not  only  cannot  allow,  but  are  convinced  that  from  their  local 
circumstances  they  never  can  be."  Votes,  vol.  4.  Gordon,  p.  140. 

8  The  Assembly  of  Massachusetts  decided  by  a  vote  of  ninety-two  to  seven- 
teen, that  they  would  not  rescind  the  resolutions  of  the  former  House.  The 
Assembly  of  New  York  resolved  that  they  had  an  undoubted  right  to  correspond 
and  consult  with  any  of  the  neighboring  colonies,  or  with  any  others  of  his 
Majesty's  subjects  out  of  the  colonies,  on  any  matter  or  thing  whereby  they 
might  conceive  their  rights  or  liberties  to  be  affected.  Still  stronger  declarations 
were  made  by  the  Assembly  of  Maryland. 


380  OPPOSITION    TO    TUB    NEW    TAXES. 

but  the  Commissioners  declared  that  a  false  entry  had  been  made, 
and  an  order  was  given  that  the  sloop  should  be  seized.  Whether 
the  allegation  of  the  officers  was  supposed  to  be  unfounded  or  not, 
the  resort  to, force  was  considered  an  outrage,  and  was  forcibly 
met.  Scenes  of  violence  and  tumult  ensued,  in  which  the  pro- 
hibitions or  requisitions  of  law  were  but  little  regarded  by  any. 
The  measures  of  coercion  which  the  officers  of  the  Crown  had 
been  the  first  to  adopt,  were  afterwards  further  pursued,  or  pre- 
pared for;  two  regiments  of  troops  were  quartered  in  the  town, 
for  the  purpose,  as  was  said,  of  "giving  assistance  to  the  Magis- 
trates in  the  preservation  of  peace,  and  the  officers  of  customs  in 
the  execution  of  the  laws  of  trade.  As  might  have  been  expected, 
increased  irritation  and  excitement  was  produced. 

Whilst  these  events  were  passing  in  America,  each  session  of 
Parliament  was  opened  with  information  from  the  King,  that  a 
disposition  prevailed  in  the  colonies  to  refuse  obedience  to  the 
laws,  and  to  resist  the  authority  of  the  supreme  legislature  of  the 
realm.  In  answer  to  these  representations,  joint  resolutions  of 
both  Houses  were  adopted  in  February,  1769,  condemning  the 
acts  of  the  Americans,  and  an  address  was  agreed  upon  approving 
the  conduct  of  the  Crown,  and  giving  assurances  of  support  for 
enforcing  the  laws  within  the  province  of  Massachusetts.  A  re- 
quest was  also  made  to  the  King,  that  he  would  bring  to  punish- 
ment the  authors  of  the  late  disorders,  and  that  he  would  direct 
the  Governor  of  Massachusetts  Bay,  to  take  the  most  effectual 
means  for  obtaining  the  fullest  information  concerning  all  treasons 
and  misprisions  of  treason  committed  within  his  government  since 
the  year  1767,  with  the  names  of  the  persons  who  had  been  active 
in  promoting  them;  that  prosecutions  might  be  instituted  against 
them  "  within  this  realm,  pursuant  to  the  provisions  of  the  Statute 
of  the  35th,  of  Henry  VIII."  .  The  King,  in  reply,  assured  Par- 
liament of  his  determination  to  give  orders  for  bringing  the  authors 
of  the  disorders  in  Massachusetts  to  "condign  punishment."7 

Though  these  proceedings  were  directed  especially  against  Mas- 
sachusetts, yet  all  the  colonies  considered  themselves  affected 
thereby.  The  threat  to  transport  the  colonists  to  England  for  trial 

1  Pitkin's  History.     Griffith's  Tholes.     Prior  Document*. 


OPPOSITION    TO    THE    NEW    TAXES.  881 

excited  strong  indignation.  The  Assembly  of  New  Jersey,  (in 
accordance  with  the  previous  action  of  the  House  of  Burgesses  in 
Virginia,)  passed  a  resolution,  that  all  trials  for  treasons  or  mis- 
prisions  of  treason,  or  any  felony  or  crime  whatever,  committed 
by  any  person  residing  in  the  colony,  ought  to  be  in,  and  before, 
his  Majesty's  courts  in  the  colony;  and  that  the  seizing  any  per- 
son residing  in  the  colony  suspected  of  any  crime  committed  there, 
and  sending  such  person  to  places  beyond  the  seas  to  be  tried,  is 
highly  derogatory  of  the  rights  of  British  subjects;  as  thereby  the 
inestimable  privilege  of  a  trial  by  a  jury  of  the  vicinage,  as  well 
as  the  liberty  of  producing  witnesses  in  such  trial,  will  be  taken 
away.8 

Notwithstanding  the  strong  resolutions  of  Parliament  already 
noticed,  an  attempt  was  made  in  the  winter  of  1769,  to  obtain  a 
repeal  of  the  act  imposing  the  new  duties.  But  the  proposal  was 
resisted  at  the  time;  it  being  represented  that  it  was  an  improper 
season  to  yield  to  the  demands  of  the  colonists ;  it  would  be  time 
enough,  it  was  said,  when  they  had  shown  a  disposition  to  submit. 
Lord  North  declared,  that  though  prudence  or  policy  might  here- 
after induce  Parliament  to  repeal  the  acts,  he  hoped  it  would  not 
be  thought  of,  until  America  was  prostrate  at  their  feet.  Yet,  in 
May,  after  the  close  of  the  session,  Lord  Hillsborough  directed  a 
circular  to  the  Governors  of  the  several  colonies,  in  which  he  gave 
an  assurance,  "notwithstanding  insinuations  to  the  contrary, ""that 
the  existing  administration  had  at  no  time  entertained  a  design  to 
lay  farther  taxes  in  America  for  the  purpose  of  raising  a  revenue, 
and  that  it  was  their  intention  to  propose,  at  the  next  session  of 
Parliament,  to  take  off  the  duties  on  glass,  paper,  and  colours, 
upon  consideration  that  these  duties  had  been  laid  contrary  to  the 
true  principles  of  commerce.  But  beside  the  uncertainty  as  to  the 
final  fulfilment  of  these  declarations,  they  were  not  such,  as  to 
their  ground,  or  their  scope,  as  could  give  satisfaction.9  Hence 
the  colonists  continued  their  efforts  to  maintain  their  claims.  Be- 
side renewed  declarations,  non-importation  agreements  were  gene- 

8  Resolution,  passed  December  6th,  1769. 

9  The  Secretary  proposed  but  a  partial  repeal,  and  that  upon  the  ground  of 
commercial  policy.  No  security  would  thus  have  been  given  in  regard  to  the 
rights  of  the  colonists,  and  trade  would  still  have  been  shackled. 


382  OPPOSITION   TO   THE    NEW   TAXES. 

rally  continued,  or  new  ones  formed,  by  the  merchants  and  traders 
of  the  principal  cities.  New  Jersey,  from  her  limited  trade,  was 
unable  to  give  decisive  support  to  measures  of  this  description 
by  direct  co-operation;  but  her  cordial  approval  was  expressed. 
In  October,  1769,  the  General  Assembly  resolved,  by  an  unani- 
mous vote,  "  that  the  thanks  of  the  House  be  given  to  the  merchants 
and  traders  of  this  colony,  and  of  the  colonies  of  New  York  and 
Pennsylvania,  for  their  disinterested  and  public  spirited  conduct 
in  withholding  their  importations  of  British  merchandize  until 
certain  acts  of  Parliament  laying  restrictions  on  American  com- 
merce for  the  express  purpose  of  raising  a  revenue  in  America, 
be  repealed."  Meetings  of  the  people  were  also  held,  where 
similar  views  were  expressed,  and  the  violations  of  the  non-im- 
portation agreements,  which  had  occurred  at  different  places,  were 
severely  condemned.10 

Parliament  again  met  on  the  9lh  of  January,  1770,  and  soon 
afterwards  Lord  North  was  appointed  to  the  place  of  First  Lord 
of  the  Treasury.  America  was  not  yet  "prostrate,"  on  the  con- 
trary, universal  and  determined  opposition  to  the  measures  of 
Parliament  was  still  maintained.  Notwithstanding,  on  the  5th  of 
March,  1770,  a  bill  was  introduced  by  Lord  North  himself,  for 
the  removal  of  the  duties  imposed  by  the  act  of  1767,  on  all  the 
articles  excepting  tea.  The  amount  of  revenue  derived  from  the 
dutfes  had  been  as  nothing  compared  with  the  injury  done  by  the 
interruption  of  harmony  and  intercourse.  The  trading  interests 
of  England  had  been  materially  affected  by  the  non-importation 
agreements  of  the  colonists.  The  Ministry  were  willing  to  remove 

10  At  Newport  and  Albany  importations  were  continued  for  a  time,  except  of 
dutiable  articles,  but  upon  urgent  representations  from  other  places,  especially 
from  Boston,  the  general  system  was  acceded  to.  But  in  New  York  the  exclu- 
sive system  was  not  generally  observed  ;  articles  not  dutiable  were  imported, 
notwithstanding  the  agreements  previously  formed.  These  delinquencies  were 
strongly  censured  in  New  Jersey.  At  a  meeting  of  the  freeholders,  merchants, 
and  traders  of  the  county  of  Essex,  it  was  resolved,  that  they  would  not  them- 
selves, or  by  others,  receive,  purchase,  sell,  or  otherwise  use  any  articles  imported 
from  Great  Britain,  contrary  to  the  agreement,  and  that  they  would  not  trade 
nor  have  any  commercial  intercourse  with  persons  who  should  import  goods,  or 
cause  them  to  be  imported,  or  with  any  person  who  should  purchase  goods  so 
imported.  Pitkin.  Gordon,  p.  147. 


OPPOSITION*    TO    THE    NEW    TAXES.  383 

the  obstructions  to  trade,  but  wished  to  uphold  the  supremacy  of 
Parliament,  and  the  measures  of  Lord  North  were  taken  accord- 
ingly. The  bill  repealing  the  revenue  act,  reserving  only  the 
duty  on  tea,  was  passed  on  the  12th  of  April,  1770. 

This  compromising  course  was  by  no  means  calculated  to  satisfy 
the  colonists.  They  had  not  objected  to  the  number  of  articles 
subjected  to  duty,  or  the  amount  obtained;  it  was  the  principle  to 
which  they  were  opposed,  and  this  principle  was  retained.  Hence, 
the  partial  repeal  of  the  acts  was  not  received  in  the  manner  the 
Ministry  probably  expected.  The  colonists  considered  the  reten- 
tion of  the  duty  on  tea  as  being  designed  to  establish  a  "precedent 
against  them."11  In  regard  to  the  article  reserved,  the  non-im- 
portation agreements  were  rigidly  observed,  and  a  feeling  of  merely 
mitigated  distrust  was  generally  prevalent.  Nor  was  this  without 
reason;  beside  the  "precedent  against  them,"  other  enactments 
continued  in  force  which  bore  heavily  on  the  interests,  or  were 
irritating  to  the  feelings  of  the  colonists.  The  "sugar  act,"  which 
had  been  in  operation  prior  to  the  passage  of  the  stamp  act,  was 
yet  in  existence.  The  act  establishing  a  Board  of  Commissioners 
of  the  revenue,  the  mutiny  act  for  quartering  soldiers  in  the  colo- 
nies, and  that  for  suspending  legislation  in  New  York,  were  yet 
unrepealed,  as  was  also  the  declaratory  act  which  asserted  th« 
supremacy  of  Parliament  in  all  cases  whatever.  New  causes  of 
uneasiness  were  soon  superadded.  The  continuance  of  the  soldiery 
in  Boston  was  a  source  of  constant  irritation,  and  quarrels  between 
the  troops  and  the  citizens  were  of  frequent  occurrence.  At  length 
an  actual  collision  occurred,  and  the  people  were  fired  on  by  a 
party  of  soldiers,  and  several  persons  were  killed.  This  event 
was  felt  throughout  the  whole  of  the  colonies.  Massachusetts, 
already  deeply  stung  by  this  occurrence,  was  soon  afterwards  ag- 
gravated still  farther.  Disputes  had  occurred  between  the  Gover- 
nor and  the  Assembly  in  relation  to  the  tax  bill  for  the  support  of 
government,  and  as  neither  party  would  yield,  no  tax  bill  was 
passed.  In  1772,  information  was  received  that  provision  had 
been  made  by  the  Crown  for  supporting  the  Governor,  indepen- 
dent of  the  Assembly.  No  measure  since  the  passage  of  the  stamp 


Virginia  Resolves. 


384  OPPOSITION    TO    THE    NEW    TAXES. 

act  excited  more  general  dissatisfaction  than  this,  and  it  was 
solemnly  protested  against  as  tending  to  fasten  upon  the  province 
a  despotic  administration  of  government.  Yet  it  was  afterwards 
extended  by  granting  independent  salaries  to  the  Judges  of  the 
Superior  Court. 

The  disturbed  state  of  feeling  in  consequence  of  these  occur- 
rences, led  to  frequent  meetings  of  the  people,  and  at  a  meeting 
held  in  Boston,  in  November,  1772,  a  committee  of  twenty-one 
persons  was  appointed  to  state  the  rights  of  the  colonies  in  general, 
and  of  their  own  province  in  particular,  and  the  committee  were 
authorized  to  publish  the  statement  to  the  several  towns  of  the 
province,  "and  to  the  world."  A  strong  and  full  statement  was 
accordingly  made.  In  March,  1773,  the  Assembly  of  Virginia, 
(it  may  be  with  the  knowledge  and  in  support  of  the  proceedings 
in  Massachusetts,)  passed  a  series  of  resolutions  concerning  the 
measures  of  Parliament,  one  of  which  provided  for  the  appoint- 
ment of  a  committee  of  correspondence  and  inquiry,  to  obtain 
early  and  authentic  intelligence  of  such  acts  and  resolutions  of 
Parliament  as  might  relate  to  America,  and  to  maintain  a  commu- 
nication with  the  sister  colonies.  This  measure  was  met  by  cor- 
responding resolves  in  most  of -the  colonies.  •  On  the  8th  of  Feb-. 
ruary,  1774,  the  Assembly  of  New 'Jersey  resolved  that  "a  com- 
mittee of  correspondence  and  inquiry  be  appointed  to  obtain  the 
most  early  and  authentic  intelligence  of  all  acts  and  resolutions  of 
the  British  Parliament,  or  the  proceedings  of  administration,  that 
may  have  any  relation  to,  or  may  effect  the'liberties  and  privileges 
of  his  Majesty's  subjects  in  the  British  colonies  in  America,  and 
to  keep  up  and  maintain  a  correspondence  with  our  sister  colonies 
respecting  these  important  considerations  ;  and  that  they  occasion- 
ally lay  their  proceedings  before  the  House."12  It  was  also  agreed 
that  the  resolution  of  the  House  should  be  transmitted  to  the  As- 
semblies of  the  several  colonies,  and  that  thanks  should  be  returned 
to  the  Assembly  of  Virginia  for  their  early  attention  to  the  liberties 
of  America. 


"  The  committee  appointed  were  James  Kinsey,  Stephen  Crane,  Hendrick 
Fisher,  Samuel  Tucker,  John  Wethejdll,  Robert  Friend  Price,  John  Hinchman, 
John  Mehelm,  and  Edward  Taylor.  Votes,  vol.  3,  p.  122.  Gordon,  p.  154. 


THE    TEA    DTTTY.  OOO 

Before  these  measures  for  gaining  information  and  securing  in- 
tercourse and  concert  among  the  colonies  were  completed,  atten- 
tion was  excited  to  a  new  proposal  of  "the  Ministry.  They  resolved 
upon  a  new  attempt  to  draw  a  revenue  from  America  by  means 
of  the  reserved  duty  on  tea.  The  determination  of  the  colonists 
had  nearly  arrested  the  trade  in  this  article ;  the  amount  received 
was  but  small,  and  this  was  mostly  introduced  by  smuggling, 
carried  on  by  the  French,  Dutch,  and  others.  In  consequence, 
large  quantities  had  accumulated  in  the  ware-houses  of  the  East 
India  Company,  for  which  no  market  could  be  found,  and  the 
affairs  of  the  company  were  becoming  embarrassed.13  Under 
these  circumstances,  an  expedient  was  resorted  to,  which,  it  was 
supposed,  would  be  the  means  of  sustaining  the  company,  and  at 
the  same  time  of  drawing  a  revenue  from  America.  In  May, 
1773,  the  Minister  (Lord  North,)  brought  forward  a  motion  in  the 
House  of  Commons  to  allow  the  East  India  Company  to  export 
such  quantities  of  tea  then  remaining  in  their  ware-houses,  as  they 
should  think  proper,  to  British  America,  duty  free.  Accordingly, 
in  June,  it  was  enacted  that  the  whole  of  the  duties  payable  on 
teas  sold  by  the  company,  and  exported  to  the  colonies,  should  be 
draivn  back,  in  other  words,  that  there  should  be  no  export  duty 
paid  on  the  teas  sent  there.  As  the  export  duty  had  been  12d 
per  pound,  and  the  import  duty  in  America  3d  per  pound,  the 
article  could  thus  be  furnished  at  a  reduction  of  9d  per  pound  in 
the  colonies.  It  was  supposed  that  this  would  reconcile  the  traders 
and  people  to  the  payment  of  the  duty.  But  the  character  and 
views  of  the  colonists  were  wholly  misunderstood,  it  was  not 
the  amount  to  be  drawn,  that  was  considered  by  them,  but  the 
manner  in  which  it  would  be  done.  Whatever  might  be  the  actual 
cost  of  the  article,  no  part  could  be  paid  as  duty  without  a  sur- 
render of  principle;  without  an  acknowledgement  of  the  right  of 
Parliament  to  impose  the  duty.  But  it  was  believed  that  interest 
would  be  stronger  than  principle,  and  under  this  idea  the  company 
immediately  shipped  large  quantities  of  tea  to  different  ports  in 
America,  consigned  to  particular  friends,  or  the  friends  of  the 


"»  Seventeen  millions  of  pounds  were  said  to  be  remaining  in  the  houses  of 
the  company.' 

49  .-"'   . 


380  THE    TEA    DUTY    RESISTED. 

government.  But  the  result  was  far  different  from  the  expectation. 
The  Americans  seemed  to  rise  up  against  the  attempt,  as  by  one 
impulse.  Opposition  was  even  made  to  the  landing  of  the  tea ; 
it  was  perceived  that  if  once  landed,  the  duty  would  be  paid  by 
the  consignees,  and  it  might  then  be  difficult  to  prevent  its  sale, 
and  consumption.  In  Philadelphia,  notice  was  given  in  advance 
of  the  expected  arrival  of  the  tea  ship,  and  measures  were  taken 
by  which  the  landing  of  the  cargo  was  effectually  prevented.11 
In  other  cities  a  similar  spirit  was  shewn.  In  Charleston  the  tea 
was  landed  but  was  stored  and  could  not  be  sold,  -and  was  finally 
lost;  in  New  York  none  was  allowed  to  be  sold.  In  Boston,  the 
landing  was  opposed,  and  on  the  18th  of  December,  the  tea  was 
taken  from  the  ship,  and  the  whole  amounting  to  three  hundred 
and  forty-two  chests,  was  emptied  into  the  sea.  In  New  Jersey  no 
occasion  for  a  particular  demonstration  of  feeling  occurred  at  the 
time;  but,  as  will  presently  be  seen,  a  similar  spirit  prevailed. 
•  The  Parliament  of  England  met  in  January,  1774,  and  not  long 
afterwards  information  was  received  of  the  transactions  that  had 
occurred  in  America.  On  the  7th  of  March,  the  Premier  delivered 
a  message  from  his  Majesty  to  the  House  of  Commons,  inform- 
ing them,  that  the  most  unwarrantable  practices  had  been  carried 
on  in  America,  particularly  at  the  town  and  port  of  Boston,  the 
whole  of  which  proceedings  he  thought  proper  to  lay  before  Par- 
liament, confiding  in  their  zeal  for  the  maintenance  of  his  Majesty's 
authority,  and  that  they  would  adopt  the  necessary  measures  to 
put  an  immediate  stop  to  these  alarming  disorders.  The  House, 
in  reply,  expressed  their  readiness  to  comply  with  the  purport  of 
his  Majesty's  message,  and  accordingly,  on  the  14th  of  March,  a 
bill  was  introduced  to  prohibit  all  commercial  intercourse  with 
the  town  or  port  of  Boston,  after  the  1st  of  June  following.  This 
bill  soon  passed  both  Houses  and  became  a  law.  Another  was 
prepared  "to  regulate  the  administration  of  justice  in  the  Massa- 
chusetts Bay;"  and  on  the  20th  of  May  this  also  was  passed.  By 
the  former  of  these,  the  "port  bill,"  the  commerce  of  Boston  was 
destroyed,  and  by  the  latter,  the  people  of  the  province  were 


"For  a  circumstantial  account  of  the  proceedings  in  Philadelphia,  see  Hazard's 
Register,  vol-  3,  p.  370. 


THE    TEA    DUTY    RESISTED.  887 

deprived  of  some  of  the  most  important  of  their  charter  privileges 
and  rights.  The  appointment  of  nearly  all  the  officers  belonging 
to  the  whole  civil  establishment  was  given  to  the  Governor,  subject 
to  removal  by  his  Majesty ;  and  besides  the  organic  changes  in  the 
government,  the  primary  action  of  the  people  in  their  common 
town  meetings,  was  closely  restricted.15  These  restraints  were  di- 
rectly opposed,  not  only  to  the  charter  rights  of  the  colonists,  but 
also  to  the  common  privileges  of  the  subject,  and  hence  were  strong- 
ly opposed  by  Barre,  Burke  and  others  of  the  House  of  Commons, 
arid  by  several  noblemen  in  the  House  of  Lords.18  But  the  bill 
was  passed  by  decided  majorities,  and  General  Gage  was  appointed 
Governor  to  carry  out  the  acts.  The  Ministry  no  doubt  sup- 
posed that  these  decisive  measures  would  lead  to  immediate  sub- 
mission, but  this  was  far  from  being  the  case.  Almost  as  soon 
as  the  port  bill  was  received,  a  meeting  of  the  citizens  of  Boston 
was  held  to  consider  the  same,  and  it  was  then  resolved,  that  "the 
impolicy,  injustice,  inhumanity,  and  cruelty  of  the  act  exceed  all 
their  power  of  expression,"  and  therefore  they  said  "we  leave  it 
to  the  censure  of  others,  and  appeal  to  God  and  the  World."17 
But  they  declared  their  opinion,  that  if  the  other  colonies  would 
agree  to  stop  all  importations  from,  and  exportatiohs  to  Great 
Britain,  and  the  West  Indies,  until  the  act  was  repealed,  it  might 
prove  the  salvation  of  the  colonies.  These  resolutions  with  the 
act  itself  were  soon  circulated  throughout  the  colonies,  and. as 
the  opposition  to  the  tea  scheme  had  been  general,  all  were  ready 
to  make  common  cause  with  the  principal  sufferer.  This  dispo- 
sition was  manifested  not  only  in  expressions  of  sympathy,  but 
also  by  almost  unanimous  declarations  in  favor  of  a  meeting  of 
the  colonies. 


15  Town  meetings  were  declared  illegal,  unless  held  by  the  special  assent  of 
the  Governor,  given  in  writing,  expressing  the  special  object  of  the  meeting, 
except  the  annual  meetings  for  the  choice  of  certain  officers,  and  at  these  meet- 
ings no  other  matter  should  be  treated  of  except  the  elcctioH  of  such  officers, 
and  nothing  at  any  other  meeting,  except  the  business  expressed  in  the  leave  given 
by  the  Governor. 

lli  It  was  during  this  discussion  that  Burke  delivered  his  celebrated  speech  on 
American  taxation.      See  Chapman's  Speeches,  p.  29. 
"Titkiu,  vol.  l,p.  170. 


d«8  CONGRESS    OF    THE    COLONIES. 

The  first  of  June,  the  day  upon  which  the  "port  bill"  was  to 
go  into  operation,  was  observed  in  many  places,  in  accordance 
with  a  recommendation  from  Virginia,  as  a  day  of  mourning. 
On  that  day  the  committee  of  correspondence  that  had  been 
appointed  in  New  Jersey  by  the  House  of  Assembly,  replied  to 
the  communication  that  had  been  received  from  Massachusetts ; 
they  expressed  their  sympathy  with  the  people  of  Boston,  and 
condemned  in  strong  terms  the  course  of  the  Ministry.  Soon  after- 
wards public  meetings  were  called  in  different  places  thoughout  the 
province.  The  first  of  these  took  place  on  the  6th  of  June,  at 
Lower  Freehold.15  On  the  llth  of  the  same  month  a  meeting  of 
the  citizens  was  held  at  Newark,  in  the  county  of  Essex,  by 
which  a  circular  was  directed  to  be  sent  to  the  other  counties  of 
the  province.19  In  this  circular  the  late  oppressive  measures  of 
Parliament  in  relation  to  the  colony  of  Massachusetts  were 
noticed,  and  it  was  set  forth  that  as  the  neighboring  colonies  were 
preparing  for  a  general  meeting,  and  as  the  Assembly  was  not 
likely  to  be  in  session  in  time  to  answer  the  end  proposed,  it  was 
proper  and  important  that  meetings  should  be  held  in  the 
counties  to  appoint  committees  to  meet  together  and  take  mea- 
sures for  acting  with  the  other  colonies.  New  Brunswick  was  pro- 
posed as  a  proper  place  for  the  meeting  of  the  committees, 
and  the  21st  of  July  next  ensuing  as  the  time.  Similar  move- 
ments preparatory  to  a  General  Congress  were  taken  in  nearly  all 
the  colonies,  and  it  was  proposed  that  the  Congress  should  meet 
at  Philadelphia,  on  the  1st  of  the  succeeding  September.  The 
mode  of  choosing  delegates  to  the  Congress  differed  in  the 
several  colonies  ;  in  some,  they  were  chosen  by  the  Assembly,  in 
some  they  were  appointed  by  the  committees  of  correspondence, 
acting  by  authority  from  the  Assembly,  and  in  others  they  were 
chosen  by  committees,  which  committees  had  been  elected  direct- 
ly by  the  people.  The  latter  mode  was  pursued  in  New  Jersey 
though  it  was  probably  adopted  at  the  time  rather  from  necessity 
than  -preference ;  the  Governor,  though  earnestly  requested, 
refused  to  convene  the  Assembly,  and  hence  the  object  could  only 


!a  Proceedings  of  New  Jersey  Historical  Society,  vol.  1,  no.  4. 
'  Sec  this  circular  in  proceedings  of  N.  J.  Historical  Society,  vol.  1,  p.  186. 


CONGRESS    OF    THE    COLONIES.  38U 

be  reached  by  the  immediate  action  of  the  people  themselves. 
In  compliance  with  the  recommendations  in  the  circular  from 
Essex,  the  people  assembled  at  their  respective  county  towns 
and  appointed  committees  to  meet  at  New  Brunswick  for  the 
purpose  of  choosing  delegates  to  the  General  Congress.  The 
county  committees  thus  chosen  met  at  the  appointed  place  on 
the  21st  of  July,  1774.  Seventy-two  persons  were  in  attendance. 
Stephen  Crane  was  chosen  Chairman,  and  Jonathan  D.  Sergeant, 
Clerk.  Resolutions  were  passed  expressing  the  sense  of  the 
meeting,  in  reference  to  the  proceedings  of  Parliament,  and  a 
general  committee  of  correspondence  was  appointed.20  James 
Kinsey,  William  Livingston,  John  De  Hart,  Stephen  Crane,  and 
Richard  Smith,  were  chosen  to  represent  the  colony  in  the  General 
Congress,  and  suitable  credentials  were  given  them.21 

On  the  5th  of  September,  1774,  the  General  Congress  met  at 
Philadelphia.  Delegates  were  present  from  eleven  of  the  colonies, 
and  on  the  14th  those  from  North  Carolina  appeared.22  Peyton 
Randolph,  one  of  the  delegates  from  Virginia,  was  chosen  Presi- 
dent, and  Charles  Thomson,  a  citizen  of  Philadelphia,  was  ap- 
pointed Secretary.  Rules  for  directing  the  preceedings  were  at 
once  adopted.  A  body  was  thus  organized,  acting  directly  by 


20  This  committee  consisted  of  William  Peartree  Smith,  John  Chetwood, 
Isaac  Ogden,  Joseph  Borden,  Robert  Field,  Isaac  Pierson,  Isaac  Smith,  Samuel 
Tucker,  Abraham  Hunt,  and  Hendrick  Fisher.  Gordon,  p.  157. 

21 "  To  James  Kinsey,  William  Livingston,  John  De  Hart,  Stephen  Crane,  and 
Richard  Smith,  Esqrs.,  each  and  every  of  you. 

"The  committees  appointed  by  the  several  counties  of  the  colony  of  New 
Jersey,  to  nominate  deputies  to  represent  the  same  in  General  Congress  of 
deputies  from  the  other  colonies  in  America,  convened  at  New  Brunswick,  have 
nominated  and  appointed  you,  and  do  hereby  nominate  and  appoint  you,  and 
each  of  you,  deputies  to  represent  the  colony  of  New  Jersey  in  the  said  General 
Congiess.  In  testimony  whereof,  the  chairmen  of  the  said  several  committees 
here  met,  have  hereunto  set  their  hands  this  23d  of  July,  in  the  14th  year  of 
the  reign  of  our  Sovereign  Lord  King  George  the  Third,  and  in  the  year  of  our 
Lord  1774.  Signed,  William  P.  Smith,  Jacob  Ford,  John  Moores,  Robert 
Johnson,  Robert  Field,  Robert  Friend  Price,  Peter  Zabriskie,  Samuel  Tucker, 
Edward  Taylor,  Hendrick  Fisher,  Archibald  Stewart,  Thomas  Anderson,  Abia 
Brown,  Mark  Thompson."  Griffith's  Notes,  p.  103. 

2i  Georgia  was  not  represented. 


390 


CONGRESS    OF    THE    COLONIES. 


the  consent,  and  on  behalf,  of  .the  people  of  the  colonies.  The 
Congress  adopted  a  general  declaration  of  rights,  agreeing  mainly 
with  that  of  the  Congress  of  1765.  The  several  acts  of  Par- 
liament which  were  considered  oppressive,  were  recited,  to  which 
it  was  said  "  America  cannot  submit."  They  agreed  upon  peti- 
tions to  the  people  of  England,  to  the  King,  and  to  the  neighboring 
English  colonies,  and  these  addresses  were  marked  by  a  high  de- 
gree of  wisdom  and  force.  They  adopted  and  signed,  on  behalf  of 
themselves  and  their  constituents,  certain  articles  of  association 
containing  an  agreement  of  non-importation,  non-exportation  and 
non-consumption.  They  agreed  to  resolutions  of  sympathy  with 
the  people  of  Boston,  and  approval  of  the  fortitude  that  had  been 
shewn  in  their  resistance  to  the  threatening  measures  of  Parlia- 
ment, and  declared,  that  if  attempts  should  be  made  to  carry  the 
same  into  execution  by  force,  all  America  ought  to  join  in  the 
opposition.  They  further  recommended  that  contributions  should 
be  made  for  the  relief  of  the  people  of  Boston  whilst  its  com- 
merce was  suspended,  and  resolved  that  another  Congress 
should  be  held  at  the  same  place  on  the  10th  of  May  succeeding, 
unless  redress  should  first  be  obtained.  After  a  session  of  fifty- 
one  days  the  Congress  dissolved.23  Their  proceedings  were 
such  as  to  command  attention,  and  inspire  respect.  Lord  Chatham 
declared  that  though  he  had  studied  and  admired  the  free  states 
of  antiquity,  yet  "for  solidity  of  reasoning,  force  of  sagacity,  and 
wisdom  of  conclusion,  no  body  of  men  could  stand  in  preference 
to  this  Congress." 

The  recommendations  of  Congress  in  regard  to  contributions 
in  aid  of  the  people  of  Boston  were  complied  with,  or  perhaps 
were  partly  anticipated  in  New  Jersey.  Assistance  was  sent 
them  from  different  parts  of  the  country.24  The  "  sympathy" 


M  Story's  Commentaries,  Griffith's  Notes,  Pitkin's  History.  In  the  two  latter 
the  proceedings  are  given  in  detail. 

M  The  people  of  Monmouth  sent  their  "  present"  and  wrote  to  their  brethren 
of  Boston  "not  to  give  up,  and  if  they  should  want  a  further  supply  of  bread,  to 
let  them  know."  The  people  of  JJlizabethtown  (July  28th,  1774,)  addressed 
the  committee  of  correspondence  in  Boston.  They  said  "  the  arbitrary  and  cruel 
oppression  under  which  your  metropolis  now  labours  from  the  suspension  of 
commerce,  must  inevitably  reduce  multitudes  to  inexpressible  difficulties  and 


PROCEEDINGS  OF  CONGRESS  APPROVED  IN  NEW  JERSEY.        391 

between  the  people  of  Boston  and  those  of  New  Jersey  was  also 
shewn  in  a  different  mode.  The  temper  exhibited  by  the  former 
in  destroying  the  tea,  seems  to  have  been,  emulated  by  the 
latter.  On  the  16th  of  November  a  vessel  with  a  cargo  of  tea 
(probably  a  portion  that  had  been  withdrawn  from  other  places) 
was  sent  into  the  Cohansey  and  landed  at  Greenwich.  .The 
scene  at  Boston  was  here  re-enacted,  though  in  a  manner  some- 
what different ;  the  whole  quantity  of  tea  was  seized,  carried  to 
an  open  place,  and  there  burnt  to  ashes.2"'  .  . 

Early  in  January,  1775,  the  General  Assembly  convened.  The 
proceedings  that  had  taken  place  in  the  province  had  met  with 
no  support  or  approval  from  Governor  Franklin.  On  the  con- 
trary, he  had  done  all  in  his  power  to  impede  them.  As  already 
noticed,  he  had  refused  to  summon  the  Assembly  at  a  former 
period  according  to  the  request  and  petition  of  the  people.  In  his 
Excellency's  address  to  the  House  he  declared,  that  he  felt  him- 
self bound  in  duty  to  notice  the  late  alarming  transactions  in  this 
and  the  neighboring  provinces,  and  to  endeavor  to  prevent  the 
mischief  that  might  ensue.  He  condemned  especially  the  inde- 
pendent course  of  action  that  had  been  pursued  in  the  measures 
leading  to  the  appointment  of  delegates  to  the  Congress,  and  in 
the  proceedings  of  that  body.  "  It  is  not  for  me,"  he  said,  "  to 
decide  the  particular  merits  of  the  dispute  between  Great  Britain 
and  the  colonies,  nor  do- 1  mean  to  censure  those  who  conceive 
themselves  aggrieved,  for  aiming  at  redress.  All  I  would  wish 
to  guard  you  against  is  the  giving  countenance  to  that  destructive 
mode  of  proceeding  which  had  been  adopted,  in  part  by  some  of 
the  people  of  this  colony,  and,  carried  so  far  in  others  as  totally 
to  subvert  their  former  constitution."  "You  cannot,"  he  said, 
"  without  a  manifest  breach  of  your  trust,  suffer  any  body  of  men 
in  this  or  the  other  provinces,  to  usurp  and  exercise  any  of  the 
powers  vested  in  you  by  the  constitution.  It  behooves  you  to 

distress."  They  requested  to  be  advised  in  what  way  they  could  most  acceptably 
contribute  to  their  necessities,  whether  by  money  or  articles  of  provision,  or  any 
other  necessaries,  and  that  such  remittances  should  be  made  as  soon  as  an 
answer  was  received.  In  Salem,  the  sum  of  £147  was  sent  by  "the  committee 
for  the  distressed  and  suffering  poor  of  Boston." 

"  Johnson's  Salem,  p.  12:9. 


392       PROCEEDINGS  OF  CONGRESS  APPROVED  IN  NEW  JERSEY. 

be  extremely  cautious  in  consenting  to  any  act  whereby  you  may 
engage  the  people  as  parties,  and  involve  them  in  difficulties  far 
greater  than  those  they  aim  to  avoid.  Nor  is  there  the  least  ne- 
cessity, and  therefore  not  the  least  excuse,  for  running  such  risks. 
If  you  are  disposed  to  represent  to  the  King  any  inconveniences 
you  may  think  to  exist,  I  can  assure  you  that  such  representa- 
tions will  be  properly  attended  to,  and  certainly  will  have  a 
greater  weight  coming  from  each  colony  in  their  separate  capa- 
city, than  through  a  channel  the  legality  of  which  there  may  be 
reason  to  doubt."  The  Governor  was  evidently  desirous  to  pre- 
vent a  confirmation  by  the  Assembly,  of  the  acts  of  the  General 
Congress.  But  his  endeavors  were  fruitless.  A  few  days  after- 
wards, (January  24th,)  the  delegates  to  Congress  made  their 
report  to  the  House,  laying  the  whole  proceedings  before  them. 
The  report,  with  the  proceedings,  were  unanimously  approved, 
only  that  such  as  were  Quakers  excepted  to  those  parts  which 
wore  the  appearance,  or  might  have  a  tendency  to  force,  as  being 
inconsistent  with  their  religious  principles.  The  Assembly  also 
resolved  that  the  same  persons  should  be  the  representatives  of 
the  colony  in  the  future  Congress,  and  report  their  proceedings 
at  the  next  meeting  of  the  House.  The  representatives  were 
instructed  to  agree  to  every  reasonable  and  constitutional  measure 
for  the  removal  of  the  differences  between  the  mother  country 
and  her  colonies.  They  were  also  directed  not  to  agree  to  any 
measure  intended  to  give  some  of  the  colonies  greater  weight  in 
voting,  than  the  others,  except  with  the  condition  4hat  a  vote  so 
taken  should  not  be  binding  upon  any  colony  without  the  assent 
of  its  delegates.26 

Besides  these  acts  of  the  Assembly  they  replied  to  the  Gov- 
ernor's address.  They  mentioned,  that  if,  in  accordance  with 
the  petitions  that  had  been  offered  to  his  Excellency,  an  earlier 
opportunity  for  the  transaction  of  the  business  of  the  province 
had  been  given,  some  of  the  "alarming  transactions"  which  were 
said  to  have  occurred,  might  possibly  have  been  prevented. 
They  said  that  no  arguments  were  necessary  to  induce  them  to 


*  In  the  Congress,  each  colony  had  been  allowed  one  vote,  hut  attempts  had 
been  made  to  give  a  greater  number  to  the  larger  States. 


COERCIVE    MEASURES    OF    ENGLAND.  893 

guard  the  interests  and  welfare  of  the  people ;  that  the  interests 
of  their  constituents  were  inseperable  from  their  own,  and  that 
they  should  assent  to  no  measures  destructive  to  their  welfare  ; 
that  they  professed  to  be  loyal  subjects  of  the  King,  from  whose 
goodness  they  hoped  to  be  relieved  from  their  present  unhappy 
situation,  and  that  they  neither  intended  to 'usurp  the  rights  of 
others,  or  allow  any  vested  in  them,  to  be  taken  out  of  their 
hands.  They  hoped  that  the  differences  between  Great  Britain 
and  her  colonies  would  be  removed,  on  principles  consistent  with 
the  rights  and  interests  of  both,  and  hence,  although  they  could 
not  perceive  that  the  separate  petition  of  one  colony,  would  be 
likely  to  effect  more  than  the  united  application  of  all,  they  still 
would  pursue  the  mode  which  his  Excellency  had  mentioned, 
hoping  that  the  act  would  meet  with  the  notice  he  had  promised. 
The  dispositions  of  the  House  were  sufficiently  manifested,  and 
were  fully  perceived  by  the  Governor.  "It  is  now,"  he  said, 
"  in  vain  to  argue,  as  you  have  with  most  uncommon  and  unne- 
cessary precipitation  given  your  entire  assent  to  that  destructive 
mode  of  proceeding,  I  so  earnestly  warned  you  against.  Whe- 
ther, after  such  a  resolution,  the  .petition  you  mention  can  be 
expected  to  produce  any  good  effect,  or  whether  you  have  con- 
sulted the  true  interests  of  the  people,  I  leave  others  to  deter- 
mine."27 The  legislature  made  their  petition,  but,  as  was  the 
case  with  others,  it  was  spurned  from  the  throne. 

The  British  Parliament  met  on  the  29th  of  November,  1774. 
The  King  informed  them  that  most  daring  resistance  to  the  laws 
continued  to  be  made  in  Massachusetts,  and  that  the  proceedings 
there  had  been  countenanced  in  other  colonies,  and  that  unwar- 
rantable attempts  had  been  made  to  obstruct  the  commerce  of  the 
kingdom  by  unlawful  combinations.  His  Majesty  expressed  his 
reliance  upon  their  aid  to  maintain  the  authority  of  Parliament 
throughout  all  the  dominions  subject  to  the  Crown.  The  answer 
of  the  Commons  entirely-  concurred  with  the  views  of  the  King. 
But  the  purposes  of  the  Ministry,  if  formed  at  the  time,  were  not 
fully  explained.  The  Fir&t  Lord  of  the  "Treasury  merely  an- 
nounced, that  after  the  usual  recess  for  the  holidays  he  would 


-'  Votes  of  February  3d,  1775.     Gordon,  p.  158. 
50 


394  COERCIVE    MEASURES    OF    ENGLAND. 

bring  the  papers  relating  to  America  to  the  notice  of  the  House.28 
Upon  the  assembling  of  Parliament,  on  the  20th  of  January,  Lord 
Dartmouth,  the  Secretary  for  the  Colonies,  produced  in  the  House 
of  Lords,  the  papers  from  America.  A  motion  was  immediately 
made  by  the  Earl  of  Chatham,  for  an  address  to  his  Majes- 
ty, to  remove  the  forces  from  the  town  of  Boston.  He  urged 
the  necessity  of  this  step  as  preparatory  to  the  settlement 
of  the  Dangerous  troubles  in  America.  The  Americans,  he  said, 
would  never  be  in  a  temper  or  state  to  be  reconciled,  they  ought 
not,  until  the  troops  were  withdrawn.  "  The  door  of  reconcilia- 
tion," he  said,  "  should  be  opened  immediately  :  it  will  soon  be 
too  late.  Whoever  has  counselled  the  King  to  the  present 
measures  ought  to  answer  for  it  at  his  utmost  peril,  and  if  his 
Majesty  shall  continue  to  listen  to  such  counsels  he  will  be 
undone ;  he  may  wear  his  crown,  but  the  American  jewel  out 
of  it,  it  will  not  be  worth  the  wearing.  The  Americans  say, 
that  we  have  no  right  to  tax  them  without  their  consent,  and  they 
say  truly  ;  representation  and  taxation  must  go  together,  they  are 
inseperable.  The  Americans  he  said  do  not  hold  the  language 
of  slaves,  they  speak  out ;  they  do  not  ask  a  repeal  of  our  laws  as 
a.  favor,  they  claim  it  as  a  right ;  they  demand  it,  they  say  they 
will  not  submit  to  them,  and  I  tell  you  the  acts  must  be  repealed; 
you  cannot  enforce  them."  But  the  motion  of  Lord  Chatham, 
though  urged  by  him  with  such  eloquence  as  has  seldom  been 
heard,  and  though  supported  by  Lords  Camden,  Shelburne,  and 
others,  who  were  among  the  wisest  and  ablest  statesmen  of  the 
realm,  was  yet  rejected  by  a  large  majority.29 

Almost  at  the  opening  of  business  in  the  Commons,  numerous 

28  Notwithstanding  the  apparent  hesitation  of  the  Ministry,  there  is  reason  to 
believe  that  forcible  measures  had  then  been  resolved  on,  in  case  the  colonies 
persisted  in  their  course.  Lord  North  declared  to  Mr.  Quincy  (who  was  then 
in  England  as  Special  Agent  from  Massachusetts,)  that  "we  must  try  what  we 
can  do  to  support  our  authority.  If  we  are  defective  in  power,  we  must  sit  down 
contented  and  make  the  best  terms  we  can,  and  nobody  can  blame  us  after  we 
have  done  our  utmost."  In  a  letter  to  Reed,  of  Philadelphia,  dated  December 
17th,  Quincy  declared,  "I  look  to  my  countrymen  with  the  feelings  of  one  who 
verily  believes  that  they  must  yet  seal  their  faith  and  constancy  to  their  liberties 
with  blood." 

v  There  were  but  18  Loids  for  the  motion,  and  77  against  it 


COERCIVE    MEASURES    OF    ENGLAND.  395 

petitions  were  presented  relating  to  American  affairs.  The  prin- 
cipal trading  and  manufacturing  towns  in  England,  presented 
addresses,  showing  the  injurious  effects  of  the  disputes  with 
America  upon  the  commercial  interests  of  the  country.  A  motion 
was  made  to  refer  these  petitions  to  the  committee  on  American 
papers,  but  an  amendment  was  moved  on  the  Ministerial  side, 
that  they  should  be  referred  to  a  separate  committee,  to  meet  on 
the  twenty-seventh,  the  day  following  that  appointed  for  the  consi- 
deration of  American  papers.  This  amendment  was  carried  by  a 
decided  vote,  and  thus  all  the  petitions  were  virtually  rejected, 
being  given  to  the  body  which  was  called  by  Burke,  "the  commit- 
tee of  oblivion."  The  petition  from  the  American  Congress  to 
the  King  which  his  Majesty  had  referred  to  the  House,  was 
directly  rejected.  All  measures  tending  toward  an  accommoda- 
tion being  thus  disposed  of,  the  Minister  proceeded  to  unfold  his 
plan  by  moving  a  joint  address  to  the  King  on  American  affairs. 
This  address  declared  that  Massachusetts  was  in  a  state  of  rebellion, 
and  that  this  colony  had  been  supported  by  unlawful  combina- 
tions and  engagements  entered  into  by  other  colonies,  to  the 
great  injury  and  oppression  of  his  Majesty's  subjects  in  Great 
Britain.  It  assured  his  Majesty  of  their  determination  never  to 
relinquish  the  sovereign  authority  of  the  King  and  Parliament 
over  the  colonies,  and  requested  him  to  take  the  most  effectual 
means  to  enforce  their  obedience,  and  promising  that  Parliament 
would  support  him  at  the  hazard  of  their  lives  and  property. 
The  motion  was  carried  in  the  Commons  by  a  large  majority. 
In  the  House  of  Lords  very  animated  debates  occurred,  but  the 
motion  for  concurrence  was  finally  carried  by  a  very  decisive 
vote.30  By  the  adoption  of  this  address  it  has  been  said,  and  truly, 


30  The  Lords  Richmond,  Craven,  Archer,  Abergaveny,  Rockingham,  Wy- 
combe,  Courtenay,  Torrington,  Posonby,  Chalmondely,  Abingdon,  Rutland, 
Camden,  Eifingham,  Stanhope,  Scarborough,  Fitswilliam,  and  Tankervi  le, 
protested  against  the  address  "as  founded  on  no  proper  Parliamentary  informa- 
tion being  introduced  by  refusing  to  suffer  the  presentation  of  petitions  against 
it  (though  it  be  the  undoubted  right  of  the  subject  to  present  the  same;1  as  fol- 
lowing the  rejection  of  every  mode  of  conciliation ;  as  holding  out  no  substantial 
offer  of  redress  of  grievances ;  and  as  promising  support  to  those  Ministers  who 
had  inflamed  America,  and  grossly  misconducted  the  affairs  of  Great  Britain. 


396  COERCIVE    MEASURES    OF    ENGLAND. 

that  Parliament  "passed  the  Rubicon."  The  answer  from  the 
Throne  gave  assurances,  that  the  most  speedy  measures  should 
be  taken  for  enforcing  obedience  to  the  laws  and  authority  of 
Parliament.  A  message  was  also  sent  to  the  Commons  inform- 
ing them  that  an  augmentation  of  the  forces  would  be  required. 
Soon  afterwards  additional  measures  were  proposed  by  .the  Min- 
ister. On  the  10th  of  February  he  moved  for  leave  to  bring  in  a 
bill  to  restrain  the  trade  of  the  colonies  of  Massachusetts,  Con- 
necticut, New  Hampshire,  and  Rhode  Island,  to  Great  Britain, 
Ireland,  and  the  British  West  India  Islands,  and  prohibiting  these 
colonies  from  fishing  on  the  banks  of  Newfoundland.  In  support 
of  this  measure  it  was  said,  that  as  the  Americans  had  refused  to 
trade  with  the  mother  country,  they  ought  not  to  be  permitted  ta 
trade  with  any  other,  and  it  Was  subsequently  proposed  that  the 
restrictions  should  be  extended  to  all  the  colonies,  excepting  New 
York,  North  Carolina,  and  Georgia.  These  exceptions  were 
probably  made  with  the  view  of  producing  disunion  among  the 
colonies.  But  if  such  was  the  design,  it  signally  failed.31  During 
the  pendency  of  this  proposal  in  Parliament,  Lord  North  surprised 
his  political  friends,  as  well  as  opponents,  by  coming  forward 
with  a  "conciliatory  plan"  which  he  offered  on  the  20th  of  Feb- 
ruary to  the  House  of  Commons.  This  project  was  represented 
by  him  as  an  "infallible  touch  stone"  to  try  the  Americans;  he 
said  that  if  their  opposition  to  the  measures  of  Parliament  was  ' 
really  founded  on  the  principles  advanced,  they  must  agree  to  the 
present  proposal,  and  that  its  rejection  would  be  proof  that  their 

31  The  particular  reasons  for  the  selection  of  these  colonies  as  objects  of  favor 
are  not  entirely  clear.  But  the  tardy  appearances  of  the  deputies  from  North 
Carolina,  in  Congress,  and  the  entire  lack  of  any  representation  from  Georgia, 
may  have  possibly  been  considered.  In  the  case  of  New  York,  the  former  re- 
fusal of  the  traders  of  her  principal  city  to  adhere  to  the  non-importation  agree- 
ments, could  hardly  have  been  forgotten.  Beside  this,  New  York  refused,  in 
regard  to  certain  particulars,  to  accede  to  the  recommendations  of  Congress.  If 
this  refusal  which  was  made  in  January,  was  known  to  the  Minister  at  the  time 
of  making  his  proposal,  (March  12,)  it  was  probably  the  principal  ground  of  the 
exception  in  favor  of  this  colony.  But  New  York  eventually  concurred  in  the 
measures  of  Congress,  and  none  of  the  excepted  colonies  were  at  all  disposed 
to  avail  themselves  of  the  proffered  advantages;  on  the  contrary,  they  rather 
regarded  the  ofler  as  an  injury. 


COERCIVE    MEASURES    OF    ENGLAND.  397 

purposes  were  not  such  as  had  been  openly  avowed.  To  this 
plan  no  party  at  first  was  favorably  disposed,  but  upon  further 
reflection  or  explanation,  the  friends  of  the  Minister  agreed  to  its 
support.32  It  was  finally  adopted  by  a  large  majority.  Other  concili- 
atory proposals  which  were  offered,  were  rejected  ;  the  "restrain- 
ing bills"  were  passed,  and  the  determination  of  the  colonists 
between  the  pacific  proposal  of  the  Minister,  and  the  threatened 
coercive  measures,  was  awaited.  But  it  was  thought  important 
that  means  should  be  used  for  the  prevention  of  union  and  concert 
of  action  in  the  colonies.  Early  in  January  a  circular  ^  had  been 
directed  by  Lord  Dartmouth  to  the  Governors  of  the  several  colo- 
nies, in  which  his  Majesty's  pleasure  was  signified,  that  every 
endeavour  should  be  used  to  prevent  the  appointment  of  deputies 
to  the  Congress  which  was  proposed  to  be  held  on  the  10th  of 
May.  It  was  supposed  or  hoped  that  a  defection  of  some  of  the 
colonies  would  take  place.  But  this  was  not  the  case.  In  New 
Jersey  the  Assembly  had  been  in  advance  of  the  Minister;  dele- 
gates were  appointed  before  the  circular  was  received,33  and  similar 


"  The  conciliatory  plan  provided  "  that  when  any  colony  should  propose  to 
make  provision  according  to  its  condition  and  circumstances,  for  contributing  its 
proportion  for  the  common  defence,  to  be  raised  under  the  authority  of  the 
General  Court,  or  Assembly  of  such  colony ,  and  disposable  by  Parliament,  and 
shall  engage  to  make  provision  also  for  the  support  of  civil  government,  and  the 
administration  of  justice  in  such  province  or  colony;  it  will  be  proper,  if  such 
proposal  shall  be  approved  by  his  Majesty  in  Parliament,  and  for  so  long  as 
such  provision  shall  be  made  accordingly,  to  forbear  in  respect  to  such  colony 
to  levy  any  duty,  tax,  or  assessment,  except  only  such  duties  as  it  may  be  ex- 
pedient to  levy  or  impose,  for  the  regulation  of  commerce;  the  nett  proceedings 
of  the  duties  last  mentioned,  to  be  carried  to  the  account  of  such  colony  respec- 
tively." The  speciousness  of  this  plan  led  many  to  suppose  that  important 
concessions  were  to  be  offered  to  America,  arid  hence  the  high  prerogative  party 
loudly  condemned  it,  and  thought  themselves  betrayed  by  the  Minister.  But 
this  opposition  was  quieted  by  closer  examination,  and  by  the  ex|  lanations  that 
were  made.  It  was  represented  by  Lord  North,  or  his  confidants,  that  the  plan 
would  probably  be  rejected  by  most  of  the  colonies,  but  would  tend  to  disunite 
them;  and  the  offer  of  such  terms  would  also  satisfy  the  people  of  England  in 
regard  to  the  course  of  the  government. 

33  The  circular  was  written  on  the  4th  of  January,  and  on  the  24th,  as  before 
stated,  the  former  delegates  were  re-appointed. 


398  COERCIVE    MEASURES    OF    ENGLAND. 

appointments  were  made  formally  in  each  of  the  colonies.  The 
grievances  which  had  been  complained  of  were  not  redressed,  and 
before  the  time  for  the  meeting  arrived,  others  had  been  added. 
England  had  attempted  to  assert  her  claims  by  other  means 
than  her  declarations  and  laws.  The  sword  had  been  drawn 
at  Lexington,  and  war,  one  of  the  greatest  of  earthly  calamities, 
was  brought  upon  the  country.  Under  these  circumstances  the 
second  General  Congress  convened. 


CHAPTER   XX. 


THE  SECOND  CONTINENTAL  CONGRESS. THE   PROVINCIAL  CONGRESS 

OF    NEW    JERSEY.— CONSTITUTION    OF    NEW    JERSEY. 


THE  second  General  Congress  convened  on  the  10th  of  May, 
1 775.  They  immediately  entered  upon  decided  action.  A  reso- 
lution was  passed  prohibiting  all  exportations  to  the  neighbouring 
British  colonies,  or  the  fisheries  on  the  coast.  Another  followed, 
that  the  colonies  should  directly  be  put  in  a  state  of  defence.  This 
was  considered  necessary  in  consequence  of  the  actual  commence- 
ment of  hostilities  in  Massachusetts.  That  province  was  also 
advised,  to  consider  the  offices  of  Governor  and  Lieutenant  Go- 
vernor as  vacant,  and  that  a  Council  should  be  chosen  by  the 
Assembly  to  direct  the  government,  until  his  Majesty  should 
appoint  a  Governor  to  conduct  affairs  according  to  the  charter. 
New  York,  where  a  body  of  troops  was  shortly  expected,  was 
advised  to  act  on  the  defensive,  so  long  as  such  a  course  could  be 
safely  maintained,  but  that  they  should  not  permit  the  erection  of 
fortified  works  by  the  British,  or  the  communication  between  town 
and  country  to  be  cut  off.  It  was  still  resolved,  that  an  humble 
and  dutiful  petition  should  be  addressed  to  the  King,  asking  that 
measures  might  be  taken  to  accommodate  the  present  unhappy 
disputes.  The  propriety  of  this  step  was  much  doubted  by  many, 
considering  the  direct  rejection  of  previous  petitions,  but  it  was 
finally  agreed  to,  as  well  as  addresses  to  the  people  of  England, 
of  Ireland,  and  of  the  province  of  Quebec.  In  these,  the  attacks 
that  had  been  made  upon  the  colonies  were  repelled,  their  desire 
of  peace  upon  just  and  constitutional  grounds,  was  asserted,  as  well 
as  their  attachment  to  England,  her  laws,  her  people,  and  her 
King.  But  there  was  also  a  bold  declaration  of  rights,  and  a 
strong  vindication  of  former  proceedings  and  designs. 

Their  final  appeal  was  now  made,  and  Congress  proceeded  to 
perfect  the  measures  for  the  defence  of  the  country,  by  making 


490  SECOND   CONTINENTAL    CONGRESS. 

provision  for  raising  and  organizing  an  army.  On  the  15th  of 
June,  George  Washington  was  appointed  General-in-Chief  of  the 
armies  raised,  or  to  be  raised,  for  the  defence  of  American  liberty. 
To  defray  the  necessary  expenses,  it  was  resolved  that  the  sum 
of  three  millions  of  dollars  should  be  issued  in  bills  of  credit, 
which  sum  was  to  be  apportioned  for  sinking,  among  the  several 
colonies,  in  the  proportion  of  inhabitants,  but  the  faith  of  the 
"Twelve  United  Colonies"  was  to  be  pledged  for  its  redemption.1 
On  the  15th  of  May,  1775,  the  Assembly  of  New  Jersey  was 
convened  by  the  Governor,  for  the  purpose  of  considering  the 
conciliatory  plan  of  Lord  North,  which  had  been  sent  by  a  circu- 
lar to  the  several  colonies.  It  was  recommended  by  the  Governor 
in  a  long  and  elaborate  address.  He  believed  that  the  offers  it 
contained  were  all  that  the  colonists  could  justly  demand  or  desire, 
and  said  that  a  happy  opportunity  was  presented  of  getting  rid  of 
an  unnatural  contest,  by  only  complying  with  an  acknowledged 
duty.  But  the  previous  course  of  the  Governor,  had  not  been 
such  as  to  favor  his  influence  and  argument.2  Under  no  circum- 
stances, however,  could  these  have  prevailed  with  the  House  on 
-the  present  occasion.  It  was  perceived  that  the  plan  submitted 
to  them,  fell  far  short  of  the  demands  and  rights  of  the  people. 
In  entering  upon  the  subject,  regret  was  expressed  by  the  House, 
that  as  the  Continental  Congress  was  then  sitting  to  consider  the 
situation  of  affairs  in  America,  the  present  meeting  had  not  been 
deferred  until  the  sense  of  that  body  should  be  known,  as  they 
supposed  that  no  one  would  suspect  them  of  an  intention  to  aban- 

1  Georgia  had  not  yet  become  associated,  but  her  accession  took  place  in  July, 
and  the  "Thirteen"  then  became  united. 

a  Beside  the  general  course  of  the  Governor,  the  attention  of  the  House  was 
called  at  this  time  to  statements  purporting  to  come  from  his  Excellency,  in  re- 
lation to  the  previous  action  of  the  House.  A  copy  of  the  "Parliamentary 
Register"  was  produced,  containing  a  letter  from  the  Governor  to  Lord  Dart- 
mouth, in  which  the  former  represented  the  Assembly  as  having  been  divided 
in  their  approbation  of  the  proceedings  of  the  late  Congress.  The  Assembly 
requested  to  know  of  the  Governor  whether  the  extract  contained  a  true  repre- 
sentation of  the  substance  of  the  letter  written  by  him.  His  Excellency  com- 
plained of  the  course  of  the  House  in  placing  the  extract  on  their  minutes,  and 
seeking  to  inculpate  him,  but  denied  the  correctness  of  the  extract. 

Votes,  vol.  4,  p.  15.      Gordon,  p.  162. 


SECOND    CONTINENTAL    CONGRESS.  401 

don  the  cause  of  their  country.3  But  they  said  they  had  considered 
the  proposal  that  had  been  offered,  and  though  they  wished  to 
avoid  a  hasty  conclusion,  they  could  form  no  other  opinion  than 
that  it  was  essentially  the  same  that  had  heretofore  been  made  ; 
that  it  did  not  appear  to  be  materially  different  from  that  which 
was  presented  before  the  passage  of  the  stamp  act ;  they  said 
that  America  did  not  comply  with  it  then,  and  that  though  they 
were  sincerely  disposed  to  use  all  proper  means  in  order  to  be- 
come reconciled  to  his  Majesty,  and  the  Parliament  of  England, 
yet  they  could  not  comply  with  a  proposition  which  they  believed 
to  be  inconsistent  with  the  privileges  of  freemen  ;  nor  did  they 
want  any  time  to  consider,  whether  they  should  submit  to  that 
which  in  their  apprehension  would  reduce  them  to  a  state  but 
little  better  than  slavery.  That  they  might,  according  to  the  pre- 
sent proposal  be  fully  and  effectually  taxed  by  their  fellow  sub- 
jects of  Great  Britain,  and  that  perhaps  to  a  much  greater  degree 
than  before ;  as  it  seemed  to  require  that  they  should  raise  such 
a  proportion  as  Parliament  should  think  proper,  and  it  was  im- 
possible to  tell  how  far  the  people  of  the  colony  might  be  involved 
by  assent  to  so  undeterminate  a  provision.  "Upon  the  whole," 
they  said,  "though  sincerely  desirous  to  give  every  mark  of  duty 
and  attachment  to  the  King,  and  to  show  all  due  deference  to  the 
Parliament,  we  cannot,  consistent  with  our  real  sentiments,  and 
the  trust  reposed  in  us,  assent  to  a  proposal  big  with  consequences 
destructive  to  the  public  welfare;  and  hope  that  the  justice  of  our 
parent  country  will  not  permit  us  to  be  driven  into  a  situation,  the 
prospect  of  which  fills  us  with  anxiety  and  horror.  We  heartily 
pray  that  the  supreme  disposer  of  events,  in  whose  hands  are  the 
hearts  of  all  men,  may  avert  the  calamities  impending  over  us,  and 
influence  our  Sovereign,  his  Ministry,  and  Parliament,  so  as  to 
induce  them  to  put  a  stop  to  the  effusion  of  the  blood  of  the  Colo- 
nists, who  wish  always  to  look  upon  their  fellow  subjects  of  Great 
Britain  as  their  brethren." 


3  The  concilatory  plan  was  afterwards  brought  forward  in  Congress,  and 
was  referred  to  Franklin,  Jcftbrson,  Adams,  and  Lee,  and  on  the  report  of  this 
committee,  on  the  31st  of  July,  Congress  rejected  the  terms  as  unreasonable, 
insidious,  and  unsatisfactory. 
51 


402  PROVINCIAL    CONGRESS. 

The  Governor  replied,  and  declared  that  he  had  done  his  duty 
in  the  case,  and  soon  afterwards  prorouged  the  House. 
.  It  has  been  stated  that  the  convention  of  delegates  which  was 
held  in  New  Brunswick  in  July,  1774,  appointed  a  number  of 
their  members  to  serve  as  a  general  committee  of  correspondence. 
The  latter  body  met  at  the  same  place  on  the  2d  of  May,  1775. 
Taking  into  consideration  the  alarming  condition  of  public  affairs, 
especially  the  commencement  of  hostilities  in  one  of  the  colonies,  the 
committee  resolved  that  a  second  Convention  would  be  necessary, 
and  directed  that  a  meeting  should  be  called  by  the  Chairman,  on 
the  23d  of  May,  to  consider  upon  such  matters  as  should  be  then 
brought  to  their  notice.  In  accordance  with  the  notice,  delegates 
were  again  elected  in  the  counties,  and  met  at  the  time  and  place 
appointed.  Eighty-seven  representatives  appeared,  delegates  be- 
ing present  from  all  the  counties.4  The  Provincial  Congress  (as 
this  body  was  constantly  styled,)  proceeded,  the  day  after  their 
meeting,  to  effect  an  organization  by  the  appointment  of  officers. 
Hendrick  Fisher  was  chosen  President,  Jonathan  D.  Sergeant 
Secretary,  and  William  Paterson  and  Frederick  Frelinghuysen 
Assistant  Secretaries.  The  business  of  the  Congress  was  opened 
with  a  full  acknowledgement  of  the  importance  and  solemnity  of 
the  engagement;  that  it  might  effect  the  lives  and  properties,  the 
religion  and  liberties  of  their  constituents,  and  their  posterity;  and 
hence  that  it  became  them,  as  the  representative  body  of  a  Christian 
people,  to  look  up  to  that  Ail-Powerful  Being  by  whom  all  human 
events  were  guided,  and  to  implore  his  favor,  and  direction.5 


4  There  were  five  from  Bergen,  thirteen  from  Essex,  eleven  from  Middlesex, 
seven  from  Morris,  eight  from  Somerset,  four  from  Sussex,  seven  from  Mon- 
mouth,  fifteen  from  Hunterdon,  five  from  Burlington,  three  from  Gloucester, 
three  from  Cumberland,  five  from  Salem,  and  one  from  Cape  May.  [Journal 
of  Proceedings.']  The  meetings  and  proceedings  of  this  body  (as  well  as  previ- 
ous meetings  of  a  similar  character,)  are  to  be  carefully  noticed.  The  people 
had  been  driven  by  the  refusal  of  the  Governor  to  call  the  Assembly,  to  an  in- 
dependent procedure,  and  this  course  of  procedure  was  now  continued,  and  thus 
the  Prwindal  Congress  came,  in  a  great  degree,  to  take  the  place  of  the  Assem- 
bly, and  the  latter,  as  will  be  seen,  was  soon  afterwards  entirely  suspended. 

*  It  was  therefore  ordered  that  during  the  session  the  business  of  each  day 
should  be  opened  with  prayer. 


PROVINCIAL    CONGRESS.  403 

The  Congress  then  determined  that  the  existing  contest  with 
Great  Britain  was  of  such  a  nature,  and  had  arrived  at  such  a 
crisis,  that  the  present  meeting  had  become  absolutely  necessary 
in  order  to  provide  ways  and  means  for  the  security  of  the  pro- 
vince ;  though  at  the  same  time,  they  declared  their  veneration  for 
the  person  and  family  of  his  Majesty  George  III.  They  declared 
their  approval  of  the  acts  of  the  late  Assembly  of  the  province  in 
appointing  delegates  to  the  General  Congress,  and  expressed  their 
thanks  to  the  House  for  their  regard  and  attention  to  the  rights 
and  liberties  of  the  people.  But  they  unanimously  agreed  that 
when  a  Continental  Congress  should  again  become  necessary,  it 
would  be  most  proper  that  the  delegates  thereto,  should  be  chosen 
by  a  Provincial  Congress.6  It  was  then  resolved,  that  in  the  pro- 
ceedings of  the  Congress,  each  county  should  have  one  vote.  At 
an  early  period,  a  written  message  was  directed  to  the  Continental 
Congress  then  sitting,  expressing  a  willingness  to  co-operate  in 
any  undertakings  or  acts  for  the  good  of  the  country,  and  asking 
advice  and  assistance.  The  reply  of  the  Congress  imported,  that 
the  body  was  not  prepared  at  the  time,  to  give  any  specific  directions, 
but  that  a  correspondence  would  be  willingly  maintained,  and  that 
advice  would  be  given,  as  occasion  might  arise.  The  previous 
resolution  of  the  General  Congress  for  withholding  exportations 
for  the  supply  of  the  British  fisheries  on  the  coast,  was  adopted. 
A  communication  was  opened  with  Connecticut  and  New  York ; 
an  individual,7  a  part  of  a  committee  appointed  by  the  former  State, 
being  then  in  attendance,  and  a  letter  being  received  from  the  latter; 
assurances  were  given  by  the  Congress  that  they  would  heartily 
concur  with  the  other  colonies  in  all  such  measures  as  were  adopted 
for  the  defence  of  the  rights  of  America. 

The  final  determination  of  America  to  maintain  her  position  by 
forcible  resistance  was  foreseen,  and  provided  for.  The.  Congress 
declared,  that  taking  into  consideration  the  cruel  and  arbitrary 
measures  of  the  British  Parliament  and  Ministry  for  the  purpose 


6  The  independent  measures  that  had  formerly  been  resorted  to,  were  here 
expressly  approved,  and  a  similar  course  of  action  was  resolved  upon  for  the 
future. 

7  Pierpont  Edwards. 


404  PROVINCIAL    CONGRESS. 

of  subjugating  the  American  colonies,  and  being  apprehensive  that 
all  pacific  measures  for  the  redress  of  grievances  would  prove  in- 
effectual, they  thought  it  necessary  that  the  inhabitants  of  the 
province  should  forthwith  be  properly  armed  and  disciplined,  for 
defending  the  cause  of  American  freedom.  A  plan  for  regulating 
the  militia  was  therefore  agreed  to,  and  an  ordinance  was  passed 
for  raising  the  necessary  funds.  The  sum  of  ten  thousand  pounds 
was  to  be  raised,  by  a  levy  within  the  several  counties,  the  appor- 
tionment and  collection  of  which  was  to  be  made  according  to  a 
rate  and  manner  prescribed.8 

A  General  Committee  of  Correspondence,  consisting  of  fourteen 
persons,  was  then  appointed,  to  whom  power  was  given,  or  any 
three  of  them,  acting  in  conjunction  with  the  President  or  Vice 
President,  to  call  a  meeting  of  the  Congress.  After  a  session  of 
eleven  days,  the  Congress  adjourned. 

Notwithstanding  the  decided  measures,  that  were  adopted  by 
the  Continental  Congress,  and  in  the  several  colonies,  for  resisting 
the  demands  of  Great  Britain,  a  final  separation  from  that  country 

•  In  order  to  engage  the  people  generally  in  support  of  the  measures  agreed 
upon,  a  form  of  association  was  prepared.  It  provided,  that  the  subscribers, 

freeholders  and  inhabitants  of  the  township  of ,  in  the  county  of ,  and 

province  of  !Xew  Jersey,  having  long  viewed  with  concern  the  avowed  design 
of  the  Ministry  of  Great  Britain  to  raise  a  revenue  in  America ;  being  deeply 
affected  with  the  cruel  hostilities  already  commenced  in  Massachusetts  Bay  for 
carrying  that  design  into  execution;  convinced  that  the  preservation  of  the  rights 
and  privileges  of  America  depends  under  God,  on  the  firm  union  of  its  inhabi- 
tants; do  with  hearts  abhorring  slavery,  and  ardently  wishing  for  a  reconcilia- 
tion with  our  parent  State  on  constitutional  principles,  solomnly  associate  and 
resolve,  under  the  sacred  ties  of  virtue,  honor,  and  love  to  our  country,  that  we 
will  personally,  as  far  as  our  influence  extends,  endeavour  to  support  and  carry 
into  execution  whatever  measures  may  be  recommended  by  the  Continental 
and  our  Provincial  Congress,  for  defending  our  constitution  and  preserving  the 
same  inviolate.  We  do  also  associate  and  agree  as  far  as  shall  be  consistent 
with  the  measures  adopted  for  the  preservation  of  American  freedom ;  to  sup- 
port the  Magistrates  and  other  civil  officers  in  the  execution  of  their  duty  agree- 
able to  the  laws  of  this  colony;  and  to  observe  the  directions  of  our  committee, 
acting  according  to  the  resolutions  of  the  aforesaid  Continental  and  Provincial 
Congress ;  firmly  determined  by  all  means  in  our  power,  to  <^iard  against  those 
disorder*  >\nd  confusions  to  which  the  peculiar  circumstances  uf  the  times  may 
expose  us.  Journal,  p.  12. 


PROVINCIAL    CONGRESS.  405 

was  not  yet  in  view.  The  Americans  were  resolved  to  maintain 
their  rights  by  every  means  at  their  command ;  yet  independence 
was  not  contemplated  as  their  ultimate  object.  But  their  imme- 
diate purpose  was  promptly  and  vigorously  pursued.  Even  during 
the  sitting  of  the  General  Congress,  active  military  operations 
were  commenced.  Early  in  Ma'y,  1775,  an  enterprise  was  planned 
in  Connecticut,  to  take  the  fort  at  Ticonderoga,  and  secure  the 
military  stores  at  that  place,  for  the  use  of  the  colonies ;  and  this 
plan  was  carried  into  execution  under  the  direction  of  Colonels 
Allen  and  Arnold.  Near  the  last  of  May,  Generals  Howe,  Clinton, 
and  Burgoyne  arrived  at  Boston  with  new  forces,  to  compel  the 
submission  of  the  colonists,  but  the  battle  of  Bunker  Hill,  which 
took  place  on  the  17th  of  June,  gave  evidence  that  "submission" 
was  not  to  be  easily  enforced. 

The  Provincial  Congress  of  New  Jersey  again  met  on  the  5th 
of  August.  Nearly  the  same  number,  and  with  a  few  exceptions, 
the  same  individuals  were  present  as  before.  Regulations  were 
now  adopted  to  ensure  the  collection,  and  the  proper  employment 
of  the  funds  which  had  been  ordered  to  be  raised,  and  also  for  the 
fuller  organization  and  establishment  of  the  military  force.  Fifty- 
four  companies,  consisting  of  sixty-four  men  each,  were  to  be 
raised,  and  the  proportionate  number  to  be  supplied  by  each  of 
the  counties  was  determined.  Two  Brigadier  Generals  were  also 
appointed.9  Penalties  were  prescribed  in  cases  of  refusal  to  enrol 
in  the  service,  or  to  attend  at  the  times  and  places  of  mustering; 
but  it  was  resolved  that  "as  there  are  a  number  of  people  within 
this  province  whose  peculiar  religious  principles  will  not  allow 
them  in  any  case  to  bear  arms,  this  Congress  intend  no  violence 
to  conscience,  and  therefore  would  earnestly  recommend  to  all 
such  persons  to  contribute  the  more  liberally  in  these  times  of 
universal  calamity,  to  the  relief  of  their  distressed  brethren  in  the 
several  colonies,  and  to  all  other  services  for  their  oppressed 
country,  consistant  with  their  religious  profession.10 

A  most  important  measure  of  the  Congress  was  that  for  secur- 

9  One  only,  Phileman  Dickcrson,  was  appointed  at  first,  but  soon  afterwards 
William  Livingston  was  named  as  the  other. 

10  This  lilicral  provision  was  afterwards  nearly  annulled  by  more  rigid  regu- 
lations. 


406  PROVINCIAL    CONGRESS. 

ing  the  continuance  and  action  of  the  body.  It  was  declared  to 
be  expedient,  at  a  time  when  the  province  was  likely  to  be  involved 
in  all  the  horrors  of  a  civil  war,  and  when  a  consequent  necessity 
would  exist  to  increase  the  burdens  of  the  people  by  taxes,  that 
the  inhabitants  should  have  frequent  opportunities  to  renew  their 
choice  and  approbation  of  their  representatives.  It  was  therefore 
resolved,  that  the  inhabitants  in  each  county  qualified  to  vote  for 
Representatives  in  the  General  Assembly,  should  meet  (at  places 
directed,)  on  the  21st  of  September  next  ensuing,  and  there  elect 
by  plurality  of  voices,  any  number  of  persons  not  exceeding  Jive 
who  were  to  be  substantial  freeholders,  and  who  should  be  em- 
powered to  represent  the  county  in  Provincial  Congress,  which 
Congress  should  convene  on  the  3d  of  the  succeeding  October. 
It  was  also  resolved,  that  during  the  continuance  of  the  disputes 
between  Great  Britain  and  America,  there  should  be  a  new  choice 
of  deputies  yearly,  in  each  county,  on  the  third  Thursday  in 
September,  and  that  at  the  same  time  the  inhabitants  as  aforesaid, 
should  elect  a  number  of  freeholders  to  constitute  a  county  com- 
mittee of  observation  and  correspondence,  with  full  power  as 
well  to  superintend  the  necessary  business  of  the  county,  as  to 
carry  into  execution  the  resolutions  and  orders  of  the  Continental 
and  Provincial  Congress ;  and  also  that  similar  action  should  be 
taken  in  each  of  the  townships  within  the  county.  A  Provincial 
Treasurer  was  then  appointed,11  and  a  Committee  of  Safety  was 
chosen,  to  act  as  an  executive  body  during  the  continuance  of  the 
recess  of  Congress.12  The  Congress  then  adjourned  to  the  20th 
of  the  ensuing  September.  The  proceedings  of  the  meeting  in 
September  have  not  been  preserved,  but  the  members  elected  in 
that  month  in  accordance  with  previous  resolutions,  assembled 
on  the  3d  of  October,  pursuant  to  appointment.  The  number  of 
members  was  reduced,  agreeably  to  the  regulations  upon  the 
subject  already  noticed.  Samuel  Tucker  was  chosen  President, 
Hcndrick  Fisher,  Vice  President,  and  John  Mehehn,  upon  general 

"  Jonathan  D.  Sergeant. 

12  The  Committee  of  Safety  were  Hendrick  Fisher,  Samuel  Tucker,  Isaac 
Pearson,  John  Hart,  Jonathan  D.  Sergeant,  Azariah  Dunham,  Peter  Schenck, 
Enos  Kelsey,  Joseph  Borden,  Frederick  Frelinghuysen,  and  John  Schureman. 

Journal,  p.  24. 


PROVINCIAL    CONGRESS.  407 

request,  consented  to  act  as  Secretary,  until  another  should  be 
chosen.13  This  new  body,  like  the  former  one,  resolved,  that  its 
daily  proceedings  should  be  opened  with  an  act  of  religious  ser- 
vice ;  that  supplication  should  be  made  to  Almighty  God  that  he 
would  be  pleased,  so  to  influence  and  direct  the  counsels  of 
America  and  Great  Britain,  that  peace,  unanimity,  and  harmony 
might  be  re-established  between  them,  upon  a  permanent  founda- 
tion. 

At  this  session  the  attention  of  Congress  was  principally 
directed  to  the  regulation  of  military  affairs.  A  communication 
was  received  from  the  Continental  Congress,  which  was  then  in 
session,  (having  convened  on  the  5th  of  September,)  which  stated, 
that  it  had  become  absolutely  necessary  to  raise  several  new 
battalions,  and  recommended  that  two  should  be  raised  in  New 
Jersey,  and  blank  commissions  were  forwarded  for  captains  and 
subaltern  officers.  The  recommendation  was  complied  with, 
though  some  difficulty  occurred  in  relation  to  one  particular.14 

The  mode  of  raising  funds  to  defray  the  increasing  expenses 
of  the  colony  was  a  difficult  but  an  important  part  of  the  business 
of  the  Congress.  The  amount  already  ordered  had  not  been 
fully  received,  and  petitions  were  presented  from  different  places 
urging  that  means  might  be  adopted,  to  ensure  its  collection. 
During  the  pendency  of  this  subject,  application  was  made  to  the 
Continental  Congress  for  information,  whether  it  would  be  con- 
sistent with  the  measures  adopted  by  that  body,  to  allow  the 

13  Afterwards  William  Paterson  was  appointed  Secretary,  but  be  acquainted 
the  Congress  that  his  business  and  circumstances  would  not  admit  of  his  serving, 
and  John  Carey,  a  member  from  Salem,  was  appointed. 

14  The  Provincial  Congress  declared  that  they  were  animated  with  equal 
affection  to  the  common  cause  of  America,  but  they  were  desirous  to  know 
whether  the  right  of  nominating  field  officers  was  not  in  them,  according  to  the 
privileges  granted  to  other  colonies,  and  they  said  that  the  previous  appointment 
of  field  officers  would  tend  to  expedite  the  service.     The  Continental  Congress 
replied,  that  it  was  necessary  the  batallions  should  be  raised  with  all  expedition, 
and  they  were  not  then  prepared  to  decide  upon  the  question  of  the  appoint- 
ment of  field  officers.   At  a  subsequent  time,  (September  16th,  1776,)  this  point 
was  decided.     The  General  Congress  determined  that  the  appointment  of  all 
officers,  and  filling  up  vacancies,  except  general  officers,  should  be  left  with  the 
colonies. 


408  PROVINCIAL    CONGRESS. 

provinces  the  use  of  such  sums  of  the  continental  money  as  they 
might  require,  upon  the  faith  of  the  province,  and  if  so,  upon 
what  terms.  The  General  Congress  decided,  that  the  public 
exigencies  did  not  admit  of  loans  from  the  Continental  Treasury, 
to  any  of  the  colonies.  It  was  then  resolved,  that  the  sum  Qf 
thirty  thousand  pounds  proclamation  money  should  be  emitted  in 
bills  of  credit,  and  an  ordinance  was  passed  directing  the  mode 
of  issuing  and  of  sinking  the  amount.  An  ordinance  was  also 
passed  for  compelling  the  payment  of  the  ten  thousand  pound  tax. 
A  question  touching  an  extension  of  the  right  of  suffrage  was 
also  brought  to  the  notice  of  the  Congress.  Petitions  were  pre- 
sented from  different  parts  of  the  province,  praying  that  house- 
holders and  others,  not  freeholders,  who  should  pay  their  propor- 
tion of  tax,  should  be  admitted  to  vote  for  deputies  to  the 
Provincial  Congress.  After  some  consideration  and  discussion, 
it  was  determined,  that  a  final  decision  should  be  deferred  until  the 
next  meeting  of  the  Congress,  in  order  that  the  sense  of  the  peo- 
ple might  be  more  generally  known  upon  the  subject.  A  com- 
mittee of  safety,  consisting  of  the  President,  Vice  President,  and 
eleven  others,  were  appointed  to  act  during  the  recess,  and  the 
Congress  then  adjourned  to  meet  at  New  Brunswick  on  the  1st 
of  April,  1776,  unless  sooner  convened  by  a  call  of  the  commit- 
tee. The  committee  above  mentioned  continued  to  be  actively 
engaged  during  the  period  of  the  recess.  Upon  information 
communicated  to  them  from  different  quarters,  proceedings  were 
entered  upon  against  individuals  who  were  charged  with  the 
commission  of  acts  opposed  to  the  liberties  of  the  country.  The 
General  Congress  had  advised  in  respect  "  to  those  unworthy 
Americans  who  were  so  regardless  of  their  duty  to  their  Creator, 
their  country,  and  their  posterity,  as  to  take  part  with  our 
oppressors,  and,  influenced  by  the  hope  or  possession  of  rewards, 
should  strive  to  recommend  themselves  to  the  bounty  of  administra- 
tion by  traducing  the  principles  and  conduct  of  the  friends  of 
American  liberty,  and  opposing  every  measure  for  its  preserva- 
tion ;  that  the  different  assembles,  -conventions,  and  committees 
or  councils  of  safety  in  the  colonj.es,  should  take  the  most  speedy 
and  effectual  measures  to  restrain  the  wicked  practices  of  these 
men."  In  accordance  with  this  recommendation,  the  committee 


PROVINCIAL    CONGRESS  409 

of  safety  in  New  Jersey,  caused  several  individuals  to  be  brought 
before  them;  some  were  disarmed,  fined,  and  ordered  to  give 
security  for  their  behaviour  in  future,  and  others  were  ordered  to 
be  kept  in  confinement  until  suitable  contrition  should  be  mani- 
fested for  their  offences.15 

Whilst  these  proceedings  were  carried  on  by  the  people  and 
their  immediate  representatives,  the  Governor  of  New  Jersey 
continued  to  exert  himself  in  opposition :  this  was  done  both  in 
his  intercourse  with  public  bodies,  and  also  with  individuals.'6 
On  the  16th  of  November,  1775,  he  convened  the  General  Assem- 
bly. The  principal  legislative  authority  of  the  province  was  yet 
with  this  body  in  name,  although  in  fact  the  power  had  nearly 
passed  into  other  hands.  At  the  opening  of  the  session  the  Gover- 
nor remarked  to  the  House,  that  he  had  lately  said  so  much  concern- 
ing the  present  unhappy  state  of  affairs,  and  the  destructive 
measures  which  had  -been  adopted,  that  he  should  not  endanger 
the  peace  of  the  session  by  a  farther  discussion  of  the  subject. 
But  he  thought  it  necessary  that  they  should  be  informed  "  that 
his  Majesty  laments  to  find  his  subjects  in  America  so  lost  to 
their  own  true  interest  as  to  have  rejected  the  late  overture 
(the  conciliatory  plan;)  but  that  as  they  have  preferred  engag- 
ing in  rebellion,  it  had  become  his  Majesty's  duty,  and  was  his 
firm  resolution,  to  pursue  the  most  vigorous  efforts  to  bring  them 
to  obedience."  His  Excellency  said,  that  he  was  conscious  of 
having  the  true  interest  of  the  people  at  heart,  and  that  he  had 
resolved,  contrary  to  the  advice  of  his  friends,  to  remain  in  the 
province,  as  his  departure  would  probably  subject  the  colony  to 
the  charge  of  open  rebellion.  But  he  desired  the  Assembly,  in  case 
they  were  not  able  or  disposed  to  answer  for  the  safety  of  himself 
and  the  other  officers  of  the  Crown,  that  plain  information  of  their 
danger  might  be  given.  "  Sentiments  of  independence,"  he  said, 
"  are  openly  avowed,  and  essays  are  appearing  to  ridicule  the 
people's  fears  of  that  horrid  measure  ;  it  is  high  time  that  every 


15  Journal  of  Proceedings,  pp.  135-6. 

18  A  correspondence  of  some  warmth  was  carried  on  between  the  Governor 
and  Lord  Sterling  in  reference  to  the  appointment  of  the  latter  to  the  command 
of  a  regiment  of  militia.  Life  of  Lord  Sterling,  p.  114. 

52 


410  .  PROVINCIAL    CONGRESS. 

man  should  know  what  he  has  to  expect."  The  House  replied, 
that  they  ?truly  lamented  the  situation -of  public  affairs,  and  that 
there  was  so  little  prospect  of  a  removal  of  the  grievances  under 
which  the  country  was  laboring.  That  they  desired  nothing  with 
greater  anxiety  than  a  reconciliation  with  the  parent  state  on 
constitutional  principles,  but  that  they  were  greatly  mistaken  if 
the  proposal  lately  offered,  could  have  been  accepted  by  them 
without  a  violation  of  the  duty  they  owed  to  their  constiuents. 
They  assured  his  Excellency  that  they  could  not  imagine  that 
there,  was  any  reason  to  fear  insult  or  injury,  or  that  he  or 
other  officers  need  be  apprehensive  of  danger.  That  they  knew 
of  no  sentiments  of  independency  that  were  openly  avowed,  and 
that  they  approved  of  no  essays  urging  to  such  a  measure,  and 
considered  it  their  duty  to  promote  peace,  order  and  good  govern- 
ment.17 The  Assembly  proceeded  to  transact  the  ordinary  business 
that  presented,  and  continued  in  session  until  the  6th  of  December. 
The  House  was  then  prorogued  by  the  Governor,  to  the  3d  of 
January  next  ensuing.  But  the  Assembly  never  again  convened. 
A  new  order  of  things  was  now  taking  place,  and  the  institutions 
which  had  been  established  under  royal  authority,  were  soon  to 
be  entirely  and  forever  abolished.18 


"  Two  days  before,  (November  28th,)  the  House  had  resolved,  upon  petitions 
presented  on  the  subject,  "that  reports  of  independency,  in  the  apprehension  of 
this  House,  are  groundless.  That  it  be  recommended  to  the  delegates  of  the 
colony  to  use  their  utmost  endeavours  for  obtaining  a  redress  of  American 
grievances,  and  for  restoring  the  union  between  the  colonies  and  Great  Britain 
upon  constitutional  principles.  That  the  said  delegates  be  directed  not  to  give 
their  assent  to,  but  utterly  to  reject  any  proposition,  if  such  should  be  made,  that 
may  separate  this  colony  from  the  Mother  Country,  or  change  the  form  of  go- 
vernment thereof.  Votes,  vol.  4,  p.  18. 

18  During  the  period  of  agitation  that  has  been  noticed,  some  concessions  had 
been  made  through  the  legislature  in  favor  of  the  privileges  and  interests  of  the 
people  in  New  Jersey.  In  the  year  1768,  an  extension  of  representation  was  gained 
by  the.  confirmation  of  an  act  for  giving  representatives  to  the  counties  of  Morris, 
Cumberland,  and  Sussex.  By  this  measure  the  number  of  members  in  the 
Provincial  Assembly  was  increased  from  24  to  30.  At  the  last  sitting  of  the 
Assembly,  the  Governor  communicated  the  royal  approbation  of  an  act  for  the 
issue,  by  loan,  of  bills  of  credit  to  the  amount  of  one  hundred  thousand  pounds. 
Thifi  grant  had  been  long  solicited;  but  the  laws  passed  by  the  Assembly  had  been 


PROVINCIAL    CONGRESS. 


411 


In  consequence  of  communications  from  the  Continental  Con- 
gress, the  committee  of  safety  summoned  the  Provincial  Congress 
ot  New  Jersey,  which  accordingly  met  on  the  31st  of  January, 
1776.  A  principal  part  of  the  object  of  the  meeting  was  to  make 
provision  to  meet  the  requisitions  for  additional  trQOps.  The 
General  Congress  having  been  informed  of  the  design  of  the" 
British  Ministry  to  make  an  attack  upon  the  colonies  by  way  of 
Canada,  had  resolved  upon  an  attempt  to  anticipate  the  design, 
by  taking  possession  of  the  strong  posts  in  that  province.  The 
attempt  was  made,  but  was  not  folly  successful,  and  it  became 
necessary  that  additional  forces  should  be  raised,  of-  which  New 
Jersey  was  required  to  furnish  a  part.19  The  Provincial  Con- 
gress accordingly  ordered  that  enlistments  should  be.  made,  and 
individuals  were  recommended  as  suitable  persons  to  serve  as 
field  officers,  and  the  other  officers  were  at  once,  appointed.  The 
extension  of  military  preparations  involved  a  necessity  for  addi- 
tional means  of  support :  hence  the  ordinance  formerly  passed 
for  the  issue  of  thirty  thousand  pounds  in  bills  of  credit,  (which 
bills  were  not  yet  printed,)  was  re-considered  and  modified  ;  and 

constantly  rejected.  The  Assemblies  were  not  willing  to  establish  a  fund  that 
would  render  the  officers  of  government  independent  of  the  legisjature,  but  this 
had  been  desired  by  his  Majesty,  and  hence  a  disagreement  on  this  point  had 
been  one  of  the  causes  of  the  frequent  rejection  of  the  loan  bills.  In  com- 
municating the  royal  assent  at  this  time,  Lord  Dartmouth  informed  the  Gover- 
nor, that  he  was  directed  by  his  Majesty  to  say,  that  it  would  have  been  more 
agreeable  to  him,  if  the  Assembly,  instead  of  a  general  appropriation  of  the  in- 
terest of  the  loan  to  the  support  of  government  in  such  manner  as  should  be 
directed  by  future  acts,  had  thought  proper  to  make  a  settlement  during  the  ex- 
istence of  that  loan,  upon  the  officers  of  government,  of  salaries  more  suited  to 
their  respective  offices  than  they  then  received ;  and  if  a  specific  portion  had 
been  appropriated  to  the  building  houses  for  the  Governors ;  and  the  Assembly 
were  required  in  his  Majesty's  name  to  make  provision  accordingly.  The  As- 
sembly replied,  that  though  they  entertained  the  most  grateful  sense  of  the  at- 
tention shewn  to  their  wishes  in  the  assent  to  the  loan  act,  and  were  sincerely 
disposed  to  grant  his  Majesty's  requisitions,  yet  they  did  not  think  it  prudent,  at 
the  time,  to  go  into  any  increase  of  the  salaries  of  the  officers ;  nor  did  they  ap- 
prehend that  it  would  be  beneficial  to  settle  them  for  a  longer  period  than 
usual,  or  that  it  would  then  be  expedient  to  erect  buildings  for  the  Governor  and 
Assembly. 

"  New  Jersey  was  required  to  furnish  another  battalion. 


412  PROVINCIAL    CONGRESS. 

it  was  now  resolved  that  the  sum  of  fifty  thousand  pounds  should 
be  issued.  Full  provision  was  made  for  sinking1  these  bills  by 
instalments,  within  specified  times,  by  taxes  to  be  levied  within 
the  counties,  upon  real  and  personal  property,  including  all 
mortgages,  bonds,  bills,  notes  at  interest,  and  slaves.20 

On  the  14th  of  February,  the  Congress  proceeded  to  elect 
delegates  to  represent  the  province  in  the  Continental  Congress, 
and  William  Livingston,  John  Dehart,  Richard  Smith,  John 
Cooper,  and  Jonathan  D.  Sergeant  were  unanimously  chosen. 
They  were  chosen  to  serve  for  one  year,  or  until  others  should 
be  appointed,  and  it  was  resolved  that  they,  or  three  or  more  of 
them,  should  have  full  power  to  consent  and  agree  to  all  measures 
which  the  Continental  Congress  should  deem  necessary,  and  that 
the  province  should  be  bound  to  execute  to  the  utmost  of  its  power 
all  resolutions  which  the  said  Congress  might  adopt. 

The  question  respecting  the  right  of  suffrage,  which  had  been 
agitated  at  the  former  sitting,  was  now  again  presented.  Petitions 
in  favor  of  an  extension  of  the  right,  were  offered  from  different 
parts  of  the  province,  and  also  a  number  of  counter  petitions.  The 
subject  was  fully  considered  and  was  finally  decided  by  putting  the 
question  "  whether  every  person  of  full  age  who  hath,  immediately 
preceding  the  election,  resided  one  whole  year,  in  any  county  of 
the  colony,  and  is  worth  at  least  fifty  pounds  in  real  and  personal 
estate,  shall  be  admitted  to  vote  in  the  county  wherein  he  resides, 
for  representatives  in  Provincial  Congress,  or  not?  It  was  decided 
in  the  affirmative,  nine  counties  voting  for,  and  four  against  it.21 

20  Nine  thousand  five  hundred  bills  were  to  be  struck,  each  of  the  value  of 
three  pounds,  ten  thousand  each  of  the  value  of  one  pound  ten  shillings,  six 
thousand  six  hundred  and  sixty-seven,  each  of  the  value  of  fifteen  shillings,  and 
five  thousand,  each  of  the  value  of  six  shillings.  The  bills  to  be  in  form  as 
follows :  "  This  bill  by  an  ordinance  of  the  Provincial  Congress,  shall  pass 
current  in  all  payments  within  the  colony  of  New  Jersey  for .  Proclama- 
tion money,  dated  the  12th  of  February,  1776." 

u  The  ordinance  as  finally'  prepared  and  adopted,  prescribed  "  that  all  free- 
holders qualified  to  vote  for  Representatives  in  General  Assembly  in  this  colony, 
who  have  signed  the  general  association  recommended  by  this  Congress;  and 
all  other  persons  of  full  age  who  immediately  preceding  the  election  shall  have 
resided  for  the  space  of  one  year  in  any  county  of  this  colony -and  are  worth  at 
least  fifty  pounds  proclamation  money  in  personal  estate  and  have  signed  the 


PROVINCIAL    CONGRESS.  413 

Another  measure  followed  upon  the  determination  of  this  question. 
It  was  deemed  advisable  that  the  people  of  the  colony  admitted  to 
vote  under  the  present  regulations,  should  have  an  opportunity  to 
participate  in  the  choice  of  representatives,  and  it  was  therefore 
resolved,  that  there  should  be  a  new  election  of  deputies  to  serve 
in  Provincial  Congress,  for  every  county  of  the  colony,  on  the  4th 
Monday  in  May,  yearly,  and  every  year,  during  the  continuance 
of  the  present  troubles.  Special  regulations  were  made  in  regard 
to  the  mode  of  conducting  the  elections.  It  was  also  resolved,  that 
in  all  future  meetings  of  the  Congress,  the  votes  should  be  taken 
from  the  members  individually,  and  not  from  the  counties  collec- 
tively, and  that  the  Congress  should  have  power  to  judge  of  the 
qualifications  of  its  own  members,  and  to  reject  any  deputy  or 
deputies  for  sufficient  cause.  It  was  then  resolved,  that  "on  the 
4th  Monday  in  May  next,  this  Congress  shall  be,  and  is  hereby 
dissolved;  any  thing  in  the  ordinance  of  the  late  Provincial  Con- 
gress, to  the  contrary,  notwithstanding." 

During  this  period,  important  changes  were  taking  place  in  the 
relations  between  the  colonies  and  Great  Britain.  It  has  been 
seen  that  notwithstanding  their  vigorous  prosecution  of  measures 
of  resistance,  the  colonists  did  not  design  a  final  separation. 
Independency  was  not  their  object.  But  a  change  of  opinion  and 
feeling  was  consequent  upon  the  march  of  events.  In  September, 
1775,  the  final  petition  of  the  General  Congress  to  the  King,  was 
rejected,  and  in  a  manner  by  no  means  calculated  to  soften  or  con- 
ciliate.22 An  early  call  of  Parliament  followed.  In  his  address, 
the  King  accused  the  colonists  of  revolt,  hostility,  and  rebellion, 
and  declared  that  the  rebellion  was  carried  on  for  the  purpose  of 
establishing  an  independent  empire.  To  prevent  this  design,  he 
said,  the  most  decisive  measures  were  required,  and  the  aid  of 
Parliament  was  invoked.  Parliament  readily  answered.  About 
the  close  of  the  year  1775,  an  act  was  passed  prohibiting  all  trade 
with  the  colonies,  and  authorizing  the  capture  and  condemnation 


general  association  as  aforesaid,  shall  be  admitted  to  vote  in  the  county  where 
he  resides,  for  deputies  to  the  Provincial  Congress."  Journal,  p.  228. 

m  Mr.  Penn,  who  presented  the  petition,  was  informed  that  no  answer  would 
be  given. 


414  PROVINCIAL    CONGRESS. 

of  all  American  vessels  and  their  cargoes,  and  ef  all  other  vessels 
found  trading  in  any  port  or  place  in  the  colonies,  as  if  the  same 
were  the  vessels  and  effects  of  open  enemies;  and  the  vessels  and 
property  thus  taken  were  vested  in  the  captors,  and  the  crews 
were  to  be  treated  not  as  prisoners,  but  as  slaves.  Nearly  at  the 
same  time  agreements  were  entered  into  with  certain  German 
Princes,  particularly  the  Landgrave  of  Hesse-Cassel,  taking  into 
pay  17,000  troops,  to  be  employed  against  the  Americans,  and  an 
additional  force  of  25,OQO  men  was  also  to  be  sent  over.  "Such 
measures  as  .these  were  eminently  calculated  to  exasperate  and 
alienate  "the  Americans,  and  to  dispose  them  to  a  final  separation 
from  the  mother  country;  and"  such  a  disposition  soon  began  to  be 
manifested.  During  the  winter  of  1775-6,  several  publications  ap- 
peared, in  which  independence  of  England  was  openly  proposed 
and  urged.23  The  measure  soon  began  to  be  generally  considered 
by  the  people,  and  not  long  afterwards  received  the  sanction  of 
several  public  bodies.  WhetRer  it  was  distinctly  contemplated  at 
the  time  by  the  Provincial  Congress  of  New  Jersey,  is  uncertain, 
but  the  delegates  in  Continental  Congress  were  authorized  by  the 
instructions  of  the  14th  of  February,  to  join  in  the  general  voice 
of  the  colonies^  and  pursue  such  measures  as  might  be  deemed . 
most  beneficial  for  the  public  good.  On  the  22d  of  April,  the 
Convention  of  North  Carolina  empowered  their  delegates  to  con- 
cur with  others  in  declaring  independency.  Early  in  May,  the 
Convention  of  Virginia  unanimously  instructed  their  delegates  to 
propose  to  the  General  Congress  to  declare  the  united  colonies, 
free  and  independent  States,  absolved  from  allegiance  and  depen- 
dence upon  the  Crown  or  Parliament  of  Great  Britain. 

The  action  of  the  Continental  Congress  was  in  unison  with  the 
sentiments  expressed  in  the  colonies ;  a  series  of  measures  were 
resolved  upon  by  that  body,  tending  toward  a  final  separation  from 
the  mother  country.  The  "  prohibitory  laws"  of  Parliament  were 
answered  by  a  direction  of  Congress,  that  reprisals  should  be  made 
both  by  public  and  private  armed  vessels ;  and  the  ports  of  the 
country  were  opened  to  all  the  world,  except  the  dominions  of 


n  Among  these  publications,  one    entitled    "  Common    Sense,"  written   by 
Thomas  Paine,  was  supposed  to  have  been  most  influential. 


PROVINCIAL    CONGRESS.  415 

Great  Britain.  On  the  10th  of  May,  1776,  Congress  recommenced 
to  the  Assemblies  and  Conventions  of  the  colonies,  "to  adopt  such 
governments  as  should,  in  the  opinion  of  the  representatives  of  the 
people,  best  conduce  to  the  happiness  and  safety  of  their  con- 
stituents in  particular,  and  America  in  general."  In  the  preamble 
to  this  resolution,  (adopted  five  days  later,)  it  was  declared,  that 
"it  w*as  i-rreconcileable  to  reason  and  good  conscience  for  the 
colonists  to  take  the  oaths  required  for  the  support  of  government 
under  the  Crown  of  Great  Britain,  and  that  it  was  necessary  that 
every  kind  of  government  under  the  Crown,  should  be  suppressed." 

In  New  Jersey  action  was  so  promptly  taken  upon  this  subject, 
that  an  independent  government  was  formed,  even  in  advance  of 
the  declaration  of  independence  by  the  General  Congress.  It  has 
been  seen  that  a  resolution  was  adopted  by  the  Provincial  Con- 
gress for  a  new  election  of  delegates  on  the  4th  Monday  in  May, 
1776.  Representatives  were  accordingly  chosen  at  that  time  in 
all  of  the  counties,  and  the  members  convened,  according  to  ap- 
pointment, at  Burlington,  on  the  10th  of  June.  Sixty -five  mem- 
bers were  in  attendance,  five  from  each  of  the  thirteen  counties. 
On  the  llth  they  met  and  proceeded  to  the  election  of  officers, 
when  Samuel  Tucker,  a  member  from  Hunterdon,  was  chosen 
President,  and  William  Paterson  of  Somerset,  was  appointed 
Secretary.  The  proceedings  of  this  body  were  of  the  highest 
importance,  not  merely  in  reference  to  the  immediate,  but  also  to 
the  ultimate  interests  of  New  Jersey.  A  form  of  government  was 
devised  and  adopted  under  which  independence  was  achieved,  and 
which  was  afterwards  continued,  until  a  high  degree  of  prosperity 
and  happiness  was  reached  by  the  people.24 

At  an  early  period,  a  communication  was  received  from  the 
Continental  Congress,  stating  that  thirteen  thousand  eight  hundred 
troops  were  to  be  employed  to  reinforce  the  army  of  New  York, 

54  The  precise  character  of  the  body  by  which  the  first  constitution  of  New 
Jersey  was  framed,  has  been  a  subject  of  much  inquiry  and  doubt.  It  is  here 
seen  that  it  was  the  Provincial  Congress,  a  body  quite  distinct  from  the  As- 
sembly. It  had  not  been  chosen  for  the  particular  purpose  of  forming  a  con- 
stitution, but  entered  upon  it,  in  pursuance  of  the  recommendation  of  the  Gene- 
ral Congress,  and  in  compliance  with  petitions  from  the  people,  together  with 
the  sense  of  the  body  itself,  as  to  the  necessity  of  the  measure. 


416  PROVINCIAL    CONGRESS. 

of  which  number,  three  thousand  were  requested  from  New  Jersey. 
This  request  was  complied  with ;  an  ordinance  being  passed  for 
the  purpose  on  the  14th.  On  the  same  day,  a  proclamation  made 
by  Governor  Franklin,  was  taken  up  for  consideration.  Probably 
with  a  view  of  obstructing  the  measures  that  were  in  progress,  his 
Excellency  had  issued  a  proclamation  in  the  name  of  the  King, 
appointing  a  meeting  of  the  General  Assembly  of  the  province,  on 
the  20th  of  June.  On  the  16th  the  Provincial  Congress  resolved 
"that  in  the  opinion  of  this  Congress,  the  said  William  Franklin, 
by  such  proclamation  has  acted  in  direct  contempt  and  violation 
of  the  resolve  of  the  Continental  Congress  of  May  last."25  It  was 
further  resolved,  that  in  the  opinion  of  this  Congress,  "the  said 
William  Franklin  has  discovered  himself  to  be  an  enemy  to  the 
liberties  of  this  country,  and  that  measures  ought  to  be  immedi- 
ately taken  for  securing  his  person,  and  that  from  henceforth  all 
payments  of  money  to  him,  on  account  of  salary,  or  otherwise, 
should  cease."26  Petitions  were  received  from  the  inhabitants  in 

as  Reference  was  here  made  to  the  resolution  before  noticed,  that  it  was  ne- 
cessary that  all  authority  under  the  Crown  should  be  suppressed. 

26  The  General  Congress  had  recommended  to  the  colonies  to  arrest  and 
secure  every  person  whose  going  at  large  would,  in  their  opinion,  endanger  the 
safety  or  liberties  of  the  country.  In  pursuance  of  this  recommendation,  and  of 
their  own  resolution,  an  order  was  issued  to  Colonel  Nathaniel  Heard,  of  the 
Middlesex  battalion,  directing  him  to  wait  on  Governor  Franklin  and  require 
his  parole  not  to  depart  from  certain  places  mentioned  (the  choice  of  which  was 
to  be  left  to  himself,)  and  in  case  he  should  refuse  to  sign  the  parole,  he  was  to 
be  put  under  strong  guard  and  kept  in  custody  until  the  further  orders  of  Con- 
gress. A  communication  was  received  from  Colonel  Heard  on  the  17th  of 
June,  informing  the  Congress  that  he  had  waited  on  the  Governor  and  requested 
him  to  sign  the  parole,  which  he  absolutely  refused  to  do,  and  forbade  the  officer 
at  his  peril  to  carry  the  order  into  effect  A  guard  of  sixty  men  was  then  placed 
around  the  house  and  the  further  orders  of  Congress  awaited.  The  Congress 
ordered  that  he  should  forthwith  be  brought  before  them.  At  the  same  time,  a 
communication  was  addressed  to  the  General  Congress,  informing  that  body  of 
the  conduct  of  the  Governor,  and  of  the  proceedings  that  had  been  taken  in  the 
case,  and  requesting  their  advice  and  support.  To  this  communication  a  reply 
was  made  in  which  the  General  Congress  recommended,  that  the  examination 
of  the  Governor  should  be  proceeded  with,  and  that  if  the  Provincial  Congress 
should  be  of  opinion  that  the  Governor  should  be  confined,  the  Continental 
Congress  would  direct  the  place  of  confinement,  they  concurring  in  opinion 


PROVINCIAL    CONGRESS.  417 

different  parts  of  the  province,  praying  that  a  new  mode  of  govern- 
ment miwht  be  established,  and  on  the  21st  a  resolution  was 
adopted  "  that  a  government  be  formed  for  regulating  the  internal 
police  of  this  colony,  pursuant  to  the  recommendation  of  the  Con- 
tinental Congress  of  May  last."  This  resolution  was  passed  by 
a  vote  of  54  to  3.  On  the  22d,  the  Congress  proceeded  to  elect 
delegates  to  represent  the  colony  in  the  Continental  Congress  ; 
they  were  chosen  for  one  year,  or  until  others  should  be  appointed. 
Richard  Siockton,  Abraham  Clark,  John  Hart,  Francis  Hopkin- 
son,  and  Dr.  John  Witherspoon  were  chosen.  They  were  em- 
powered and  directed  to  join  with  the  delegates  of  the  other  colo- 
nies, in  the  most  vigorous  measures  for  supporting  the  just  rights 
and  liberties  of  America,  and  also,  if  they  should  think  it  necessary 
and  expedient,  to  join  in  declaring  the  united  colonies  indepen- 
dent of  Great  Britain;  to  enter  into  a  confederacy  for  union 
and  common  defence,  and  make  treaties  with  foreign  nations;  and 
to  take  such  other  measures  as  might  seem  necessary  for  these 
great  ends;  it  being  promised  that  they  should  be  supported  with 
the  whole  force  of  the  province.  But  they  were  instructed,  that 
whatever  confederacy  they  should  enter  into,  the  regulation  of  the 
internal  police  of  the  province  was  to  be  reserved  to  the  provincial 
legislature.  On  the  same  day  (the  24th,)  the  subject  of  the  forma- 

with  the  Provincial  Congress,  that  he  should  not  be  confined  in  New  Jersey. 
The  Governor  was  brought  before  the  Congress  on  the  21st  of  June,  but  he  re- 
fused to  answer  the  questions  that  were  put  to  him,  and  denied  the  authority  of 
the  body,  which,  he  said,  had  usurped  the  King's  government  in  the  province  ; 
whereupon  the  Congress  resolved  that  as  he  appeared  to  be  a  virulent  enemy 
to  the  country,  he  should  be  confined  in  such  place  as  the  Continental  Congress 
should  direct.  Soon  afterwards  that  body  transmitted  a  resolution  that  Governor 
Franklin  should  be  sent  under  guard,  to  Governor  Trumbull,  of  Connecticut, 
who  was  desired  to  take  his  parole,  and  if  he  should  reTuse  to  give  his  parole, 
that  he  should  be  treated  according  to  the  resolutions  of  Congress  respecting 
prisoners.  This  order  was  executed,  and  Franklin  remained  a  prisoner  in  Con- 
necticut until  the  end  of  the  war,  when  he  sailed  for  England.  He  resided 
in  that  country  until  his  death,  enjoying  a  pension  from  the  government. 
Besides  his  general  course  in  New  Jersey,  the  feeling  against  him  was  increased 
in  consequence  of  letters  that  he  wrote  to  England  concerning  the  transactions 
in  the  province,  some  of  which  letters  were  intercepted. 

See  Life  of  Lord  Sterling,  p.  121. 

53 


418  THE    CONSTITUTION. 

lion  of  a  new  government  was  again  taken  up,  and  a  committee  con- 
sisting of  Messrs.  Green,  Cooper,  Sergeant,  Ogden,  Elmer,  Hughes, 
Covenhoven,  Symmes,  Condict,  and  Dick,  was  appointed  to  pre- 
pare a  draught  of  a  constitution.  Two  days  afterwards  (the  26th,) 
the  committee  reported  a  draught,  which  was  held  under  considera- 
tion, in  committee  of  the  whole,  until  the  2d  of  July,  when  it  was 
adopted  by  the  house  upon  the  question,  "  whether  the  draught  of 
the  constitution  formed  on  the  report  of  ihe  committee  of  the  whole, 
be  confirmed  now,  or  deferred  for  further  consideration  ?"  Twenty- 
six  members  voted  "now,"  and  nine  "for deferring."  The  instru- 
ment was  thus  adopted  on  the  2d  of  July,  1776,  two  days  before 
the  declaration  of  independence  by  the  Continental  Congress.  But 
the  constitution  of  New  Jersey,  though  it  provided  for  the  estab- 
lishment of  a  government  under  popular  authority,  fell  somewhat 
short  of  a  full  assertion  of  independence.  It  contained  a  clause 
providing,  lhat  if  a  reconciliation  should  take  place  between  Great 
Britain  and  her  colonies,  the  instrument  should  become  null  and 
void  ;  but  otherwise  should  remain  in  full  force  and  virtue.  This 
provision,  however,  was  not  satisfactory  to  the  whole  of  the  body, 
and  the  day  after  the  adoption  of  the  instrument,  a  question  was 
taken,  whether  it  should  be  printed  immediately,  or  the  printing 
be  deferred  for  a  few  days,  in  order  to  reconsider  in  a  full  house 
the  propriety  of  the  clause  just  mentioned.  It  was  decided  by  a 
reduced  majority,  in  a  very  thin  house,  that  it  should  be  printed 
at  once,  and  distributed  among  the  people.  Had  there  been  but  a 
brief  delay,  there  is  every  reason  to  believe,  that  this  single  mark 
of  a  dependent  relation  would  have  been  wholly  removed.  Pro- 
bably, however,  the  reservation  exerted  no  influence  upon  subse- 
quent action.27 

The  constitution  now  adopted,  contained  an  assertion  of  most 
important  principles  in  government.  In  the  preamble  it  was  de- 
clared, that  all  the  constitutional  authority  ever  possessed  by  the 
King  of  Great  Britain  over  the  colonies,  was,  by  compact,  derived 


27  Gordon  attributes  the  introduction  of  this  clause  to  the  influence  of  Presi- 
dent Tucker.  He  says  "  the  door  of  retreat  was  kept  open  by  the  fears  of  the 
President,  who,  a  few  months  after,  claimed  the  clemency  of  the  enemy,  with 
whom,  this  clause  gave  him  an  interest." 


THE    CONSTITUTION.  419 

from  the  people,  and  held  for  their  common  interest;  and  that  as 
allegiance  and  protection  were  reciprocal  ties,  each  equally  de- 
pending upon  the  other,  and  as  George  the  Third,  the  King  of 
Great  Britain,  had  refused  protection  to  the  people  of  the  colonies, 
and  attempted  to  subject  them  to  an  absolute  rule,  and  made  war 
upon  them  in  the  most  cruel  and  unnatural  manner,  all  civil  au- 
thority under  him  was  necessarily  at  an  end.  This  declaration 
went  to  the  entire  subversion  of  the  former  pretensions  of  the 
Crown ;  contrary  to  the  claim  that  had  been  frequently  advanced, 
that  government  might  be  established,  or  modified,  or  suspended, 
according  to  royal  discretion  ;  it  regarded  the  authority  of  the  King 
in  the  colonies,  as  elsewhere,  as  being  derived  from  the  people, 
and  held  upon  the  condition  that  it  should  be  used  for  their  benefit. 
And  this  principle  was  now  to  be  acted  upon.  The  King,  in  con- 
sequence of  an  abuse  of  the  authority  he  held,  having  forfeited  all 
claim  to  allegiance  and  obedience,  the  people  assumed  the  right  of 
determining  and  acting  for  themselves.  Hence  it  was  declared, 
that  "  we  the  representatives  of  the  colony  of  New  Jersey,  having 
been  elected  by  all  the  counties  in  the  freest  manner,  and  in  Con- 
gress assembled,  have,  after  mature  consideration,  agreed  upon  a 
set  of  charter  rights,  and  the  form  of  a  constitution."  In  framing 
the  instrument,  it  may  be,  that  the  great  principle  already  men- 
tioned, may  not  in  all  respects  have  been  fully  maintained  ;  it  may 
be  that  a  degree  of  authority  was  given  to  government,  that  would 
seem  not  perfectly  consistent  with  the  theory  of  popular  rights ; 
yet  a  plan  was  devised  that  was  found  to  be  little  objectionable  in  its 
practical  working,  that  admitted  of  the  enjoyment  of  a  full  measure 
of  liberty,  and  of  the  attainment  of  a  high  degree  of  prosperity. 

The  constitution  contained  some  provisions  directly  restrictive  of 
the  action  of  government.  No  person  should  be  deprived  of  the 
privilege  of  worshipping  Almighty  God  in  a  manner  agreeable  to 
the  dictates  of  his  own  conscience,  nor  under  any  pretence  be  com- 
pelled to  attend  any  place  of  worship  contrary  to  his  own  faith 
and  judgment;  nor  should  any  be  obliged  to  pay  tithee,  taxes,  or 
other  rates  for  the  purpose  of  building  or  repairing  any  church, 
or  for  the  maintenance  of  any  ministry,  contrary  to  what  he  should 
believe  to  be  right,  or  have  engaged  to  support.  There  should  be 
no  establishment  of  any  one  religious  sect  in  preference  to  an- 


420  THE    CONSTITUTION. 

other;  nor  should  any  Protestant  inhabitant  of  the  colony  be 
denied  the  enjoyment  of  any  civil  right,  merely  on  account  of 
his  religious  principles.  The  inestimable  right  of  the  trial  by  jury 
was  to  remain  as  a  part  of  the  law  of  the  colony,  without  repeal, 
forever.  Limitations  were  also  laid  down,  in  the  oath  or  affirma- 
tion to  be  required  of  the  members  of  the  legislative  department  of 
government.28 

The  government  of  the  province  was  vested  in  a  Governor, 
Legislative  Council,  and  General  Assembly.  The  Council  and 
Assembly  were  to  be  chosen  yearly  by  the  people  ;  one  member 
of  Council,  and  three  members  of  the  Assembly  in  each  of  the 
counties  ;  but  the  number  of  members  of  the  Assembly  might  be 
changed  by  the  voice  of  a  majority  of  the  Council  and  Assem- 
bly, as  might  be  judged  equitable  and  proper,  provided  that 
the  whole  number  should  not  be  less  than  thirty-nine.  The 
members  of  Council  were  to  be  inhabitants  and  freeholders  in  the 
counties  in  which  they  were  chosen,  and  to  be  worth  at  least  one 
thousand  pounds  proclamation  money  of  real  and  personal  estate 
in  the  county  ;  and  the  members  of  the  Assembly  were  to  be  in- 
habitants of  the  county,  and  worth  at  least  five  hundred  pounds 
proclamation  money  in  real  and  personal  estate.  All  the  inhabi- 
tants of  the  colony  who  were  of  full  age,  and  worth  fifty  pounds 
clear  estate  in  the  county,  and  who  had  resided  therein  for  twelve 
months  before  the  election,  were  to  be  entitled  to  vote  for  Repre- 
sentatives.29 The  Assembly  were  empowered,  when  met,  to  choose 


28  The  members  of  both  houses  were  to  be  required,  before  taking  their  seats, 
to  take  an  oath  or  affirmation,  not  to  assent  to  any  law,  vote,  or  proceeding  that 
should  appear  to  them  to  be  injurious  to  the  public  welfare,  nor  any  that  should 
be  contrary  to  the  provision  for  an  annual  election  of  members  of  the  Legisla- 
ture, or  for  the  trial  by  jury,  or  for  a  free  toleration  in  respect  to  religion  and 
worship. 

29  The  property  qualifications  required  of  theelectors  and  the  elected,  was  a  part 
of  the  constitution  that  has  exposed  it  to  objection.     The  subject,  however,  had 
been  introduced  and  canvassed  in  part  in  former  meetings  of  the  Provincial  Con- 
gress, and  the  provisions  inserted  in  the  constitution,  were  nearly  in  accordance 
with  previous  resolutions,  and  were  probably  as  liberal  as  opinion  would  warrant  at 
the  time.    But  they  were  found  to  be  too  strict  for  a  subsequent  period,  and  relief 
was  obtained  by  a  stretch  of  authority  on  the  part  of  the  Legislature,  and  by  the 


THE    CONSTITUTION.  421 

a  Speaker,  and  other  officers,  to  be  judges  of  the  qualifications  of 
their  own  members,  sit  on  their  own  adjournments,  prepare  bills 
to  be  passed  into  laws,  and  to  empower  the  Speaker  to  call  a 
meeting  when  any  unusual  occurrence  should  render  it  necessary. 

The  legislative  Council  were  empowered  to  prepare  bills  to  pass 
into  laws,  and  have  other  like  powers  as  the  Assembly,  and  in  all 
respects  to  be  a  free  and  independent  branch  of  the  legislature, 
only,  that  they  were  not  allowed  to  prepare  or  alter  any  money 
bill;  this  was  the  privilege  of  the  Assembly  alone.30 

The  Council  and  Assembly  jointly  at  their  first  meeting  after 
each  annual  election,  were,  by  a  majority  of  votes,  to  elect  "  some 
fit  person"  within  the  colony,  to  be  Governor.31  The  Governor 
was  to  continue  in  office  for  one  year,  and  be  the  constant  Presi- 
dent of  the  Council,  and  have  a  casting  vote  in  their  proceedings, 
but  a  Vice  President  was  to  be  chosen  by  that  body,  to  act  in  the 
absence  of  the  Governor.  The  Governor,  or  in  his  absence,  the 


sanction  of  general  custom.  The  qualification,  as  regards  the  elected,  ceased  to 
be  much  regarded,  and  it  was  evaded  as  to  the  ekctors,  by  an  enactment  (passed 
in  June,  1820,)  that  all  persons  who  should  have  paid  a  county  tax,  and  whose 
names  were  enrolled  on  the  tax  list,  should  be  deemed  and  taken  to  be  worth 
fifty  pounds  clear  estate.  At  the  same'  time,  the  words,  "  all  the  inhabitants" 
were  explained  to  mean,  the  free  white  male  citizens  of  the  State  of  the  age  of 
twenty-one  years. 

30  This  restriction   upon  the  action  of  the  Council,  has   been   attributed  to 
"  haste  and  confusion  of  ideas."     It  is  supposed  to  have  been  copied  from  the 
British  government,  under  which  the  right  to  grant  money  is  claimed  by  the 
Commons,  because  the  other  branches  of  the  legislature  are  presumed  to  have 
an  interest,  and  to  be  subject  to  an  influence,  foreign  to  the  mass  of  the  people. 
But  here  the  Council,  like  the  Assembly,  being  chosen  by  the  people,  no  reason 
for  such  a  distinction  could  exist.     To  an  extent,  the  objection  is  well  founded ; 
yet  the  Assembly  might  beisupposed  to  stand  as  the  representatives  of  the  peo- 
ple, in  a  somewhat  fuller  and  nearer  relation  than  the  Council,  and  therefore 
the  distinction  mentioned,  if  not  necessary,  can  yet  hardly  be  considered  as  so 
entirely  groundless,  as  to  warrant  the  charge  of  haste  and  confusion. 

See  Gordon,  p.  183. 

31  The  direct  election  of  the  Executive  by  the  people  themselves,  is  the  mode 
of  appointment  which  modern  opinion  and   usage  have   sanctioned.     But  the 
comparative  advantages  even  of  an  indirect  election  by  the  people,  over  an  ap- 
pointment by  the  Crown,  the  mode  that  had  so  long  prevailed,  seemed  to  be 
sufficient  to  satisfy  the  Congress,  and  perhaps  to  satisfy  the  people,  at  the  time. 


422  THE    CONSTITUTION. 

Vice  President  was  to  exercise  the  supreme  executive  power,  to 
be  Commander-in-Chief  of  all  the  military  forces  of  the  province, 
and  also,  to  be  Chancellor  of  the  colony,  and  Ordinary  or  Surro- 
gate General.  Three  or  more  of  the  Council  were  to  be  a  Privy 
Council  to  advise  at  all  times  with  the  Governor  when  he  should 
think  proper  to  consult  them. 

The  Governor  and  Council,  seven  whereof  were  to  form  a 
quorum,  were  to  be  a  Court  of  Appeals  in  the  last  resort,  and  to 
possess  the  power  of  granting  pardons  to  criminals  after  condem- 
nation. Other  officers  of  the  judicial  department  of  government 
were  to  be  appointed  by  the  Council  and  Assembly,  as  the  Judges 
of  the  Supreme  Court,  Judges  of  the  Inferior  Court  of  Common 
Pleas  in  the  counties,  Justices  of  the  Peace,  and  the  Clerks  of  the 
several  courts,  and  also  the  Attorney  General.  The  term  of  office 
of  the  several  judicial  officers  was  determined,  but  with  a  provision 
allowing  their  re-appointment.  They  were  to  be  commissioned 
by  the  Governor,  or  the  Vice  President  of  Council.32 

The  Council  and  Assembly  were  likewise  to  appoint  a  Secretary 
of  State,  and  Treasurer,  and  the  field,  and  general  militia  officers. 
Sheriffs  and  Coroners  were  to  be  elected  by  the  people  in  the 
several  counties,  and  inferior  officers  of  the  militia,  by  the  respec- 
tive companies. 

The  Council  and  Assembly  were  to  have  power  to  make  the 
Great  Seal  of  the  colony,  which  was  to  be  kept  by  the  Governor 
or  the  Vice  President  of  Council ;  it  was  to  be  called  the  "  Great 
Seal  of  the  Colony  of  New  Jersey."  In  order  to  obviate  delay 
and  confusion,  it  was  provided,  that  all  the  laws  of  the  province 
contained  in  an  edition  of  the  laws  that  had  lately  been  published, 
should  be,  and  remain  in  full  force,  until  altered  by  the  legislature, 
such  only  excepted  as  were  incompatible  with  the  provisions  of 
the  constitution  itself;  and  that  the  common  law  of  England,  as 
well  as  so  much  of  the  statute  law  as  had  heretofore  been  practised, 
should  remain  in  force  until  altered  by  act  of  the  legislature,  such 


32  The  comparative  advantages  of  the  different  modes  of  appointing  the  offi- 
cers of  the  judicial  department  are  yet  not  determined,  but  common  opinion 
continues  to  sanction  an  appointment  by  some  action  of  the  other  departments, 
ia  preference  to  a  popular  choice. 


THE   CONSTITUTION.  423 

parts  only  excepted  as  were  repugnant  to  rights  and  privileges  con- 
tained in  the  constitution. 

With  the  many  excellent  provisions  in  this  instrument  of  go- 
vernment, there  were  also  obvious  defects.  There  were  errors 
and  defects  not  only  in  the  omission  of  needed  restraints,  but  in 
the  authority  that  was  actually  conferred.  The  restrictive  articles, 
though  highly  important  in  character,  were  not  sufficient  in  num- 
ber or  reach,  to  give  full  security  to  the  people  against  the  danger 
of  an  excess  of  power.  Authority  was  also  given  to  the  govern- 
ment, especially  to  the  legislative  department,  that  might,  with 
greater  propriety,  have  been  left  to  the  people  themselves ;  this 
was  especially  the  case  in  regard  to  the  choice  of  the  executive 
officers.  An  immediate  choice  by  the  people  would  have  been 
more  in  accordance  with  the  theory  of  popular  government,  and 
would  also  have  been  attended  by  important  practical  advantages. 
The  legislative  bodies  would  thus  have  been  freed  from  the  diffi- 
culties and  dangers  that  arise  in  appointing  to  office.  An  unusual 
degree  of  integrity,  firmness,  and  wisdom  would  be  required,  to 
prevent  the  course  of  legislation  from  being  sometimes  affected,  by 
influences  which  in  this  manner  are  brought  into  action. 

The  distribution  of  powers  in  the  constitution  was  also  defec- 
tive. The  Governor  was  made  at  once  an  executive,  legislative, 
and  judicial  officer.  Whilst  he  exercised  the  supreme  executive 
authority,  he  was  authorized  to  preside  in  one  of  the  legislative 
houses,  and  to  vote  therein,  and  at  the  same  time,  as  Chancellor,  and 
as  the  head  of  the  Court  of  Appeals  and  of  Pardons,  he  acted  as 
a  principal  judicial  officer  of  the  government.33  In  the  case  of  the 
members  of  Council,  there  was  also  a  singular  commingling  of 
duties  and  of  powers.  They  were  chosen  principally  as  legisla- 
tors, and  the  election  would  frequently  be  made  with  but  little 
reference  to  their  acquaintance  with  judicial  proceedings  ;  and  yet 
as  members  of  the  Court  of  Appeals,  a  court  of  the  last  resort, 

33  These  objections  were  somewhat  lessened  in  actual  practice.  The  ordinary 
duties  of  the  Governor  as  chief  executive  officer,  were  not  numerous  or  difficult, 
and  he  seldom  participated  directly  in  legislative  proceedings  ;  usually  the  most 
important  of  his  duties  were  those  of  a  judicial  character,  and  the  choice  of  the 
officer  came  to  be  made,  in  a  great  degree,  with  a  view  to  his  fitness  in  this 
respect. 


424  INDEPENDENCE  DECLARED. 

they  were  empowered  and  required  to  decide  upon  cases,  which 
the  highest  judicial  authorities  had  formally  adjudged.  The  entire 
provision  in  relation  to  the  judicial  department,  indeed,  was  greatly 
imperfect ;  excepting  the  mere  designation  of  certain  officers,  and 
the  determination  of  the  periods  of  office,  almost  the  whole  was 
left  to  the  will  of  the  legislative  bodies.  Yet  in  considering  the 
circumstances  of  the  formation  of  this  instrument,  it  would  seem 
to  be  a  matter  of  surprise,  that  the  deficiencies  and  faults  of  the 
plan  were  not  greater,  rather  than  that  any  should  be  found  to 
exist. 

A  regulation  similar  to  that  which  was  made  for  the  continuance 
of  laws,  was  also  adopted  in  relation  to  officers.  It  was  resolved, 
in  order  to  prevent  a  failure  of  justice,  that  all  Judges,  Justices  of 
the  Peace,  Sheriffs,  Coroners,  and  other  inferior  officers  of  the 
late  government  within  the  colony,  should  proceed  in  the  discharge 
of  their  several  offices,  under  the  authority  of  the  people,  until  the 
intended  legislature  and  the  several  officers  of  the  new  government 
should  be  settled ;  all  officers  having  respect  to  the  constitution  of 
New  Jersey  as  lately  ordained,  and  the  orders  of  the  Continental 
and  Provincial  Congress;  and  that  all  actions,  suits,  and  processes 
should  be  continued,  altering  only  the  style  and  form  thereof,  ac- 
cording to  the  terms  prescribed  by  the  said  constitution,  in  the 
further  prosecution  thereof. 

The  several  measures  which  at  this  period  were  brought  to  the 
notice  of  the  American  Congress,  were  of  the  highest  importance 
and  interest.  The  great  question  of  independence  was  brought 
directly  before  that  body  by  Richard  Henry  Lee,  one  of  the  dele- 
gates from  Virginia.  On  the  7th  of  June,  1776,  he  submitted  a 
resolution,  declaring  "that  the  united  colonies  are,  and  of  right 
ought  to  be  free,  and  independent  States  ;  that  they  are  absolved 
from  all  allegiance  to  the  British  Crown  ;  and  that  all  political 
connection  between  them  and  Great  Britain  is,  and  ought  to  be, 
totally  dissolved."  This  resolution  was  considered  in  committee 
of  the  whole,  and  was  debated  with  great  warmth  and  ability,  and 
was  finally  adopted  in  committee  on  the  10th,  by  a  bare  majority 
of  the  colonies.  Its  further  consideration  in  the  House  was  then 
postponed  until  the  1st  of  July,  a  committee  consisting  of  Jeffer- 
son, Adams,  Franklin,  Sherman,  and  R.  R.  Livingston,  being  ap- 


INDEPENDENCE  DECLARED.  425 

pointed  to  prepare,  in  the  mean  time,  a  declaration  of  independence. 
General  sentiment  as  yet  was  not  fully  matured  upon  the  subject, 
and  some  of  the  representatives  in  Congress  were  embarrassed  by 
the  instructions  that  had  been  given  them.  The  delay  gave  an 
opportunity  for  fuller  consideration  among  the  people,  and  for 
further  instructions  to  their  deputies.34  Within  the  interval,  on 
the  22d  of  June,  a  new  appointment  of  deputies  was  made  in  New 
Jersey,  and  the  members,  as  has  been  seen,  were  now  expressly 
authorized  to  give  their  assent  to  the  pending  measure.  They 
entered  upon  their  duties  on  the  28th  of  June.35  On  the  1st  of 
July  the  resolution  was  again  taken  up  in  the  house,  and  being 
referred  to  the  committee  of  the  whole,  was  assented  to  by  all  of 
the  colonies,  except  Pennsylvania  and  Delaware,  and  on  the  day 
following  was  finally  adopted  and  entered  upon  the  journals  of  the 
house. 

The  committee  appointed  to  prepare  a  declaration  had  sub- 
mitted a  draught  on  the  28th  of  June,  and  the  question  upon  its 


84  It  has  been  seen  that  in  February,  1776,  the  Provincial  Congress  of  New 
Jersey  appointed  William  Livingston,  John  Dehart,  Richard  Smith,  John  Coop- 
er, and  Jonathan  D.  Sergeant,  to  be  delegates  in  the  General  Congress,  to  serve 
for  one  year,  or  until  others  should  be  appointed.  These  persons  were  in  the 
body  at  the  time  the  question'  of  independence  was  brought  up.  They  were 
not  expressly  instructed  upon  the  point,  being  only  empowered  to  assent  to 
all  measures  which  the  Congress  should  deem  necessary.  Beside  the  indecisive 
character  of  their  instructions,  these  representatives,  or  most  of  them,  are  sup- 
posed to  have  been  willing  to  avoid  the  responsibility  of  a  direct  decision  upon 
this  momentous  subject.  Smith,  alleging  indisposition,  resigned  his  seat  on 
the  12th  of  June,  Dehart  on  the  13th,  and  Sergeant  a  few  days  later.  Cooper 
took  no  active  part  in  the  proceedings,  and  Livingston  was  recalled  to  fill  a 
military  appointment,  and  he  too,  as  there  is  reason  to  believe,  was  doubtful  as 
to  the  expediency  of  the  step  at  the  time,  though  when  taken,  he  most  earnestly 
endeavoured  to  sustain  it  Gordon,  p.  201.  Life  of  Livingston,  p.  185. 

31  It  is  not  certain  that  they  were  all  present  at  that  time,  but  one  of  the  num- 
ber, Hopkinson,  then  appeared  and  presented  their  instructions.  It  has  some- 
times been  stated  that  the  delegates  from  New  Jersey  were  not  present  at  the 
time  the  question  of  independence  was  taken,  though  they  afterwards  concurred; 
but  other  accounts  of  at  least  equal  authority,  represent,  that  they  were  present, 
and  that  one  at  least,  Stockton,  participated  in  the  debate.  Sec  Biography  of 
Signers,  Memoirs  of  Lee,  Life  of  Livingston,  and  Gordon's  New  Jersey. 


426  INDEPENDENCE  DECLARED. 

adoption  was  taken  in  the  house  on  the  4th  of  July.  After  re- 
ceiving some  unimportant  amendments,  the  declaration  was  as- 
sented to,  being  sanctioned  by  the  approbation  of  every  one  of  the 
colonies. 

On  the  17th  of  July,  this  important  decision  was  approved  and 
acquiesced  in  by  the  Provincial  Congress  of  New  Jersey,  in  the 
following  manner  and  terms:  "Whereas  the  Honorable  Continen- 
tal Congress  have  declared  the  United  Colonies  free  and  indepen- 
dent States,  we,  the  deputies  of  New  Jersey,  in  Provincial  Con- 
gress assembled,  do  resolve  and  declare,  that  we  will  support  the 
freedom  and  independence  of  the  said  States  with  our  lives  and 
fortunes,  and  with  the  whole  force  of  New  Jersey."  On  the  fol- 
lowing day  it  was  also  resolved,  "that  this  house  from  henceforth, 
instead  of  the  style  and  title  of  the  Provincial  Congress  of  New 
Jersey,  do  adopt  and  assume  the  style  and  title  of  the  Convention 
of  the  State  of  New  Jersey. 

Thus  the  connexion  with  Great  Britain  was  fully  and  finally 
severed. 


CHAPTER  XXI. 


PROPOSALS  FOR  ACCOMMODATION  BY  THE  ENGLISH. FIRST  LEGISLA- 
TURE   OF    THE    STATE    OF    NEW    JERSEY. 


IN  regard  to  military  operations,  the  year  1776  was  one  of 
gloom  to  the  cause  of  America.  The  British  had  succeeded  in 
repelling  the  attempts  upon  Canada,  and  were  now  preparing  to 
establish  a  strong  line  of  communication  along  the  course  of  the 
Hudson  River,  between  the  city  of  New  York  and  the  posts  on 
the  Canadian  borders.  With  this  view,  General  Howe  and  his 
army  evacuated  Boston,  and  arrived  about  the  last  of  June  in  the 
the  harbor  of  New  York,  and  on  the  second  of  July  took'  posses- 
sion of  Staten  Island.  He  was  joined  on  the  12th  by  his  brother 
Lord  Howe,  with  a  fleet  and  a  large  reinforcement  of  troops. 
Lord  Howe  was  the  bearer  to  America,  of  what  the  British  Minis- 
try were  pleased  to  call  the  "Olive  Branch,"  as  well  as  the  sword. 
On  the  6th  of  May,  he,  with  his  brother,  had  been  appointed 
Commissioners  by  the  King,  to  make  an  offer  of  pardon  to  all 
those  who,  as  it  was  said,  "  in  the  tumult  and  disorder  of  the  times, 
had  deviated  from  their  just  allegiance,  and  were  now  willing  by 
a  speedy  return  to  their  duty,  to  reap  the  benefits  of  royal  favor." 
Upon  such  conditions,  the  Commissioners  were  empowered  to 
declare  any  colony,  town,  port,  or  place,  to  be  in  the  peace,  and 
under  the  protection  of  the  Crown,  and  excepted  from  the  penal 
provisions  of  the  act  prohibiting  trade  and  commerce  with  the 
colonies.  Upon  the  arrival  of  Lord  Howe,  the  proposals  he  bore 
were  communicated  in  a  circular  letter  to  the  Governors  lately 
acting  under  the  Crown.  A  letter  was  also  directed  to  Wash- 
ington, which  was  rejected  by  him  on  account  of  its  addi'ess,  and 
another  was  sent  to  Franklin,  who  had  been  known  to  Lord  Howe 
in  England.  A  note  dated  July  80th,  was  written  by  Franklin  in 


428    PROPOSALS  FOR  ACCOMMODATION  BY  THE  ENGLISH. 

reply;  in  this  he  spoke  of  the  object  of  Lord  Howe  as  seeming 
no  more  than  to  extend  an  offer  of  pardon,  and  lamented  that  his 
lordship  had  been  sent  so  far,  on  so  hopeless  a  visit.  "It  is  im- 
possible," he  said,  "to  think  of  submission  to  a  government  that 
has  with  the  most  wanton  barbarity  and  cruelty,  burnt  our  defence- 
less towns  in  the  midst  of  winter,  excited  the  savages  to  massacre 
our  peaceful  farmers,  our  slaves  to  murder  their  masters,  and  is 
now  bringing  foreign  mercenaries  to  deluge  our  settlements  with 
blood."  No  other  immediate  effect  was  produced  by  the  offers 
of  the  Commissioners  than  to  influence  some  of  the  disaffected 
and  doubtful,  and  to  dispose  them  upon  the  earliest  turn  of  affairs, 
to  make  their  peace  with  their  country's  foes. 

The  attempt  of  the  British  to  possess  themselves  of  New  York, 
had  been  foreseen  by  the  American  Commander,  and  preparations 
had  be"en  made  for  defending  it.  But  the  force  that  could  be  col- 
lected for  the  purpose,  was  greatly  inferior  to  that  of  the  enemy, 
and  after  the  disastrous  battle  of  Long  Island,  (on  the  27th  of 
August,)  Washington  was  forced  to  retire  from  New  York,  which 
was  directly  entered  and  occupied  by  the  English,  who  also,  soon 
afterwards,  obtained  possession  of  most  of  the  places  of  strength 
in  the  neighboring  country.  It  was  supposed  by  his  Majesty's 
Commissioners,  that  the  misfortunes  that  were  then  experienced 
might  dispose  the  American  people  to  listen  more  favorably  to  the 
overtures  that  had  formerly  been  made.  General  Sullivan,  who 
had  commanded  at  Long  Island,  and  had  fallen  into  the  hands  of 
the  enemy,  was  therefore  sent  on  his  parole,  to  Congress,  with  a 
message  from  Lord  Howe.  His  lordship  informed  the  body,  that 
he  was  unable  to  treat  with  Congress  as  such,  but  that  he  was 
desirous  to  confer  with  the  members ;  and  that  he,  in  conjunction 
with  General  Howe,  had  full  power  to  consider  and  adjust  exist- 
ing disputes,  and  that  he  was  desirous  an  agreement  might  then 
be  made,  before  any  decisive  blow  had  been  struck.  Franklin, 
Adams,  and  Rutledge  were  appointed  a  committee  on  the  part  of 
Congress  to  receive  the  proposals  of  the  Commissioners,  and  for 
this  purpose  they  met  Lord  Howe  at  Staten  Island.  His  lordship 
declined  receiving  them  as  a  committee  of  Congress,  but  was  will- 
ing to  confer  with  them  as  private  individuals.  But  the  modera- 
tion and  good  sense  of  the  committee  enabled  them  to  secure  a 


PROPOSALS    FOR    ACCOMMODATION    BY    THE    ENGLISH.          429 

position  in  which  the  object  of  their  mission  might  be  gained,1  and 
they  succeeded  in  drawing  from  the  Commissioner,  that  his  only 
proposition  was,  that  if  the  colonies  would  return  to  their  allegiance 
and  obedience,  the  King  and  his  Ministers  were  disposed  to  make 
their  government  easy,  and  to  redress  their  grievances.  The 
committee  expressed  their  opinion  to  his  lordship,  that  "a  return 
to  the  domination  of  Great  Britain  was  not  to  be  expected."  That 
the  injuries  the  colonies  had  received  had  forced  them  to  a  decla- 
ration of  independence,  that  all  the  colonies  had  joined  in  the 
measure,  and  had  settled,  or  were  settling  their  own  governments, 
'  and  that  Congress  had  no  power  to  agree  for  them  that  they  should 
return  to  a  dependent  condition ;  but  that  the  colonies  were  no 
doubt  inclined  to  peace,  and  would  readily  treat  with  Great  Britain 
on  reasonable  terms,  if  properly  approached.  These  proceedings 
were  published  in  full,  for  the  information  of  the  American  people. 
A  proclamation  was  afterwards  put  forth  by  the  Commissioners  to 
the  people  at  large,  in  which  they  stated,  that  they  were  desirous 
to  confer  with  his  Majesty's  well  affected  subjects  upon  the  means 
of  restoring  tranquility,  and  establishing  a  permanent  union.  They 
informed  the  people  that  the  King  had  directed  a  revision  of  such 
of  his  royal  instructions,  as  might  be  construed  to  lay  an  undue 
restraint  upon  the  freedom  of  legislation  in  any  of  the  colonies, 
and  would  also  concur  in  the  revisal  of  all  acts  by  which  his  sub- 
jects might  think  themselves  aggrieved;  and  they  exhorted  the 
inhabitants  "to  reflect  seriously  on  their  condition,  and  judge 
whether  they  should  offer  their  lives  a  sacrifice  to  the  unjust  and 
precarious  cause  in  which  they  were  engaged,  or  return  to  their 
allegiance."  This  proclamation,  with  the  unfavorable  events  and 
prospects  of  the  time,  induced  a  number  of  persons  to  desert  the 
American  cause,  and  to  accept  of  the  offered  terms.  Nine  hun- 
dred and  fifty  persons  in  New  York,  and  the  vicinity,  presented 
a  petition  to  the  Commissioners  declaring  their  allegiance  to  Great 
Britain,  conceding  the  constitutional  authority  of  Parliament  in 
America,  and  praying  that  the  city  and  county  of  New  York  might 


1  They  informed  Lord  Howe  that  as  their  business  was  to  hear,  he  might 
consider  them  in  what  light  he  pleased,  but  that  they  should  consider  themselves 
in  no  other  light  than  that  in  which  Congress  had  placed  them. 


430  FIRST  LEGISLATURE  OF  THE  STATE  OF  NEW  JERSEY. 

be  restored  to  his  Majesty's  peace  and  protection.  By  many 
others  in  different  places,  a  similar  course  was  afterwards  pursued, 
and  among  these  persons  were  some  individuals  of  distinction  and 
influence. 

It  was  during  the  period  of  darkness  just  noticed,  that  the  go- 
vernment of  the  State  of  New  Jersey  was  brought  into  operation. 
By  a  provision  of  the  constitution,  the  Legislative  Council  and 
Assembly  were  to  be  chosen  for  the  first  time,  on  the  2d  Tuesday 
of  August,  1776,  and  the  members  then  chosen  were  to  continue 
in  place  until  the  2d  Tuesday  in  October,  1777,  and  on  the  2d 
Tuesday  in  October  in  each  and  every  year,  a  new  election  was 
to  be  made,  and  the  delegates  elected  were  always  to  meet  on  the 
2d  Tuesday  next  after  the  day  of  election.  The  constitution  re- 
ceived the  assent  and  sanction  of  the  people  at  large,  both  by 
general  acquiescence,  and  by  a  full  observance  and  pursuance  of 
its  several  provisions.  AIL,  election  for  representatives  in  the 
Legislative  Council  and  Assembly,  was  held  in  the  several  coun- 
ties on  the  day  prescribed,  and  the  members  chosen  convened, 
according  to  appointment,  at  Princeton,  on  Tuesday,  the  27th  of 
August,  1776.  On  the  29th  the  houses  were  organized.  John 
Stevens  was  chosen  Vice  President  of  Council,  and  John  Hart 
was  elected  Speaker  of  the  House  of  Assembly. 

An  important  part  of  the  duty  devolving  on  the  legislative  bodies, 
was  the  further  establishment  of  the  government  by  filling  the 
offices  in  the  other  departments.  On  the  31st,  in  joint  ballot  of 
the  two  houses,  William  Livingston  was  chosen  Governor  of  the 
State.2  He  was  then  engaged  in  the  discharge  of  military  duties, 
and  therefore  did  not  enter  upon  office  for  some  days  after  his 
appointment.  As  a  preliminary  to  the  issue  of  commissions  to  the 
several  officers,  the  preparation  of  a  great  seal  was  considered  by 
the  legislative  bodies,  and  a  resolution  was  agreed  to,  that  as 
sundry  commissions  should  be  given  before  a  proper  seal  could 

a  Livingston  had  been  one  of  the  delegates  in  the  Continental  Congress,  and 
at  the  present  time,  was  Commander-in-Chief  of  the  militia  of  New  Jersey. 
The  other  candidate  for  the  office  of  Governor,  was  Richard  Stockton ;  on  the 
first  balloting,  the  votes  were  equally  divided ;  and  it  was  not  until  the  next 
day  that  an  union  of  parties  took  place,  and  Livingston  was  elected. 

Sedgwick's  Livingston,  Gordon's  New  Jersey,  Minutes  of  Joint  Metting. 


FIRST  LEGISLATURE  OF  THE  STATE  OF  NEW  JERSEY.  431 

be  made,  the  seal  at  arms  of  his  Excellency  William  Livingston 
should  be  deemed,  taken  and'  used,  as  the  great  seal  of  the  State, 
until  another  could  be  procured.3 

'  On  the  13th  of  September,  an  address  was  made  to  the  two 
houses  by  the  Governor.  His  Excellency  remarked,  that  "con- 
sidering how  long  the  hand  of  oppression  had  been  stretched  out 
against  us ;  how  long  the  system  of  despotism  concerted  for  our 
ruin,  had  been  insidiously  pursued,  and  was  at  length  attempted 
to  be  enforced  by  the  violence  of  war ;  reason  and  conscience  must 
have  approved  the  measure  had  we  sooner  abjured  that  allegiance 
from  which  not  only  by  a  denial  of  protection,  but  the  hostile  as- 
saults on  our  persons  and  properties,  we  were  clearly  absolved. 
That  being  thus  constrained  to  assert  our  own  independence,  the 
late  representatives  of  the  colony  of  New  Jersey  in  Congress  as- 
sembled, did,  in  pursuance  of  the  advice  of  the  Continental  Con- 
gress, the  supreme  council  of  the  American  colonies,  agree  upon 
the  form  of  a  constitution  which  by  tacit  consent,  and  open  appro- 
bation, hath  since  received  the  assent  and  concurrence  of  the  good 
people  of  the  State;  and  agreeably  to  this  constitution,  a  Legisla- 
tive Council  and  Assembly  have  been  chosen,  and  also  a  Gover- 
nor. Let  us  then,  as  it  is  our  indispensable  duty,  make  it  our 
invariable  aim,  to  exhibit  to  our  constituents  the  brightest  examples 
of  a  disinterested  love  for  the  common  weal ;  let  us,  both  by  pre- 

3  A  joint  committee  of  the  houses  was  afterwards  appointed  to  prepare  a  great 
seal,  and  they  reported  that  "  they  had  considered  the  subject  and  taken  the  sen- 
timents of  several  persons  thereon,  and  were  of  opinion  that  Francis  Hopkinson, 
Esq.,  should  be  immediately  engaged  to  employ  proper  persons  at  Philadelphia 
to  prepare  a  silver  seal,  which  should  be  round,  of  two  and  a  half  inches  diameter, 
and  three-eights  of  an  inch  thick;  and  that  the  arms  shall  be,  three  ploughs  in 
an  escutcheon,  the  supporters,  Liberty  and  Ceres,  and  the  crest  a  horse's  head ; 
these  words  to  be  engraved  in  large  letters  round  the  arms,  viz:  The  Great 
Seal  of  the  State  of  New  Jersey."  This  report  was  agreed  to.  At  a  subsequent 
date,  Francis  Hopkinson  furnished  his  account  in  detail,  for  the  expenses  in- 
curred in  procuring  the  seal,  amounting  to  £35  2s  &d.  (Votes  and  Proceedings, 
p.  33.)  In  regard  to  the  name  of  the  seal,  as  well  as  in  other  particulars  that 
will  come  into  notice,  the  legislature  were  obliged  to  depart  from  the  provisions 
of  the  constitution.  It  was  there  directed  that  it  should  be  called  "  The  Great 
Seal  of  the  Colony  of  New  Jersey,"  but  as  the  colony  had  become  a  State,  a 
change  was  unavoidable. 


432  FIRST  LEGISLATURE  OF  THE  STATE  OF  NEW  JERSEY. 

cept  and  example,  encourage  a  spirit  of  economy,  industry.,  and 
patriotism,  and  that  public  integrity  and  righteousness  that  cannot 
fail  to  exalt  a  nation ;  setting  our  faces  at  the  same  time  like  a  flint 
against  that  dissoluteness  of  manners  and  political  corruption  that 
will  ever  be  the  reproach  of  any  people.  May  the  foundation  of 
our  infant  State  be  laid  in  virtue  and  the  fear  of  God ;  and  the 
superstructure  will  rise  glorious,  and  endure  for  ages.  Then  may 
we  humbly  expect  the  blessings  of  the  Most  High,  who  divides  to 
the  nations  their  inheritance,  and  separates  the  sons  of  Adam." 

The  principal  matters  recommended  by  the  Governor  to  the 
notice  and  care  of  the  legislative  bodies,  were  the  ordering  of 
measures  relating  to  the  war,  especially  the  proper  regulation  of 
the  militia ;  and  the  permanent  establishment  of  the  seat  of  govern- 
ment at  some  convenient  and  suitable  place.  An  address  was 
afterwards  made  by  the  Assembly  agreeing  in  sentiment  and  tone 
with  that  of  the  Governor;  resolutions  in  relation  to  the  particulars 
recommended  to  notice  by  his  Excellency  were  adopted,  and  the 
necessary  bills  were  prepared. 

The  legislative  bodies  also  proceeded  to  the  appointment  of 
other  officers,  in  order  to  perfect  the  organization  of  government. 
John  Dehart  was  chosen  Chief  Justice  of  the  State,  Samuel  Tuck- 
er, Second  Justice,  and  Francis  Hopkinson,  Third  Justice;  William 
Patterson  was  appointed  Attorney  General;  Jonathan  D.  Sergeant, 
Clerk  of  the  Supreme  Court;  Charles  Petit,  Secretary  of  State, 
and  Richard  Smith,  Treasurer.4  Provision  was  made  for  renew- 
ing and  continuing  the  action  of  the  judicial  department,  by  pass- 
ing an  act  to  confirm  and  establish  the  several  courts  of  justice 
within  the  State.  This  act  prescribed,  that  the  several  courts  of 
law  and  justice  should  be  confirmed  and  established  and  continue 
to  be  held,  with  like  powers  under  the  new  government,  as  before 
the  declaration  of  independence.5  Several  bills  of  importance 
which  had  been  introduced,  were  pending  at  the  time  of  adjourn- 
ment, which  took  place  on  the  8th  of  October,  the  houses  adjourn- 
ing to  meet  at  Burlington  on  the  1 3th  of  the  following  month. 

4  Richard  Stockton  at  first  received  the  appointment  of  Chief  Justice,  but  de- 
clined serving.  Sergeant  also  declined  office,  and  the  place  was  assigned  to 
Bowes  Reed. 

•  Patterson's  Laws  of  New  Jersey,  p.  38. 


FIRST   LEGISLATURE    OF   THE   STATE    OF    NEW   JERSEY.        438 

During  the  whole  of  this  time,  the  gloom  that  enshrouded  the 
fortunes  of  America,  seemed  constantly  deepening.  Other  disasters 
followed  upon  the  surrender  of  New  York,  and  the  American 
forces,  unable  to  retain  the  posts  on  the  Hudson,  withdrew  from 
that  river  into  the  heart  of  New  Jersey,  whither  they  were  fol- 
lowed by  the  enemy.  In  consequence,  New  Jersey  immediately 
became  a  principal  sharer  in  the  dangers  and  sufferings  of  the 
country,  as  well  as  in  the  efforts  that  were  required,  and  were 
made,  in  resistance. 

The  legislative  bodies  convened  according  to  adjournment,  on 
the  13ih  of  October,  and  proceeded  to  the  transaction  of  business. 
Attention  was  directed  toward  a  further  organization  of  the  militia 
of  the  State,  and  furnishing  the  quota  of  troops  required  for  the 
continental  army.  A  bill  for  raising  four  battalions  was  passed, 
and  the  several  officers  were  at  once  appointed.  The  houses  also 
proceeded  in  joint  meeting,  to  the  appointment  of  delegates  to 
the  General  Congress.  The  regulations  formerly  adopted  by  the 
Provincial  Congress  in  regard  to  the  number  of  representatives, 
were  continued  by  the  legislature,  and  it  was  resolved,  that  one 
or  more  of  the  delegates  should  he  empowered  to  represent  and 
vote  in  behalf  of  the  State.6 

But  at  an  early  period  the  action  of  the  legislature  was  arrested. 
From  the  continued  retreat  of  the  American  army  through  the 
State,  and  the  rapid  advance  of  the  British,  there  was  but  little 
opportunity  to  prepare  for  action,  or  indeed  to  provide  for  safety, 
and  the  Assembly  resolved,  that  it  would  "  be  necessary  soon  to 
rise  and  retire  into  their  several  counties  to  provide  for  the  secu- 
rity thereof."  Such  provisional  arrangements  were  therefore  made 
for  the  support  of  the  government  as  the  circumstances  of  the  time 
would  allow,  and  on  the  2d  of  December,  the  houses  adjourned 
to  the  18th  of  February  next  ensuing.  The  general  situation  of 
affairs  throughout  the  State,  had  become  in  the  mean  time  ex- 


6  The  joint  meeting  took  into  consideration  the  necessity  of  choosing  delegates 
to  the  Continental  Congress,  and  upon  the  question  as  to  the  number,  decided 
that  five  should  be  chosen.  Richard  Stockton,  Jonathan  D.  Sergeant,  Dr.  John 
Witherspoon,  Abraham  Clark,  and  Jonathan  Elmer,  were  appointed. 

Minutes  of  Joint  Meeting  of  November  30th,  1776. 
55 


434        FIRST    LEGISLATIVE    OF    THE    STATE    OF    NEW   JERSEY. 

tremely  critical ;  the  number  and  force  of  the  enemy  were  such, 
that  those  of  the  people  who  remained  steadfast  in  their  opinions 
and  views,  were  almost  overawed,  and  the  disaffected  and  indif- 
ferent found  the  opportunity  they  had  sought  or  awaited,  for  join- 
ing with  the  invaders.  The  British  Commissioners  too,  to  strength- 
en the  advantages  they  had  gained,  put  fortli  a  new  proclamation, 
in  which  all  persons  assembled  in  arms  against  his  Majesty's  go- 
vernment, were  commanded  to  disperse  and  return  to  their  houses, 
and  all  civil  officers  to  cease  from  their  practices ;  and  a  full  par- 
don was  offered  to  those  who  should  appear  within  a  specified 
time  before  an  officer  of  the  Crown,  claim  the  benefit  of  the  offer, 
and  subscribe  a  declaration  acknowledging  the  royal  authority. 
A  number  of  the  people  of  New  Jersey,  and  among  them,  some 
of  the  principal  men  of  the  State,  gave  way  to  the  temptation,  and 
sacrificed  patriotism  to  personal  safety.  But  this  was  far  from 
being  the  disposition  of  the  mass  of  the  people.  Th^re  were 
timorous,  and  there  were  base  and  treacherous  men,  and  these 
persons  formed  a  class  not  inconsiderable  in  point  of  number. 
Yet  a  large  majority  of  inhabitants  held  fast  to  the  cause  they 
had  espoused,  and  most  of  the  public  officers  continued  in  the 
discharge  of  their  duties,  so  far  as  the  circumstances  of  the  time 
would  permit.7  At  length,  and  fortunately,  at  no  late  period,  a 
favorable  crisis  took  place  in  the  affairs  of  the  country.  The 
victories  gained  by  Washington,  at  Trenton  and  Princeton,  near 
the  close  of  the  year,  aroused  the  hopes  of  the  Americans  as  much 
as  they  surprised  and  disappointed  the  British.  By  these  critical 
enterprises,  the  spirit  of  the  country  at  large  was  restored,  and 
the  greatest  relief  was  given  to  New  Jersey,  the  possession  of  the 
State  by  the  enemy  being  completely  broken  for  the  time.  The 
action  of  the  State  authorities  was  immediately  resumed.  The 
legislative  bodies  were  convened  by  a  notification  from  the  Speak- 
er, on  the  22d  of  January,  1777.  Trenton,  the  place  to  which 
the  houses  had  adjourned,  was  yet  scarcely  sufficiently  freed  from 
the  presence  of  the  military,  or  the  effects  of  military  occupation, 
to  render  it  a  suitable  situation  for  the  meeting  and  action  of  the 

7  In  the  immediate  course  and  vicinity  of  the  victorious  army,  a' 1  civil  govern- 
ment was  unavoidably  suspended  for  the  time. 


FIRST    LEGISLATURE    OF    THE    STATE    OF    NEW    JERSEY.         435 

houses,  and  they  were  therefore  directed  to  convene  at  Pitts- 
town. 

The  Governor  opened  the  meeting  by  a  message,  in  which  he 
expressed  his  feeling  on  account  of  the  depredations  and  cruelties 
that  had  been  perpetrated  in  the  incursions  of  the  enemy,  but  con- 
gratulated the  houses  on  the  important  successes  of  the  American 
arms  at  Trenton  and  Princeton.  He  declared  that  there  was  no 
reason  to  be  disjointed  in  the  contest,  unless  the  people  and  govern- 
ment were  wanting  to  themselves  ;  but  he  yet  insisted  that  the  utmost 
efforts  would  be  required,  and  that  as  the  legislature  must  be  sensi- 
ble of  the  entire  inadequacy  of  the  existing  militia  laws,  he  recom- 
mended that  no  business  of  inferior  moment  should  be  allowed  to 
postpone  the  action  of  the  houses  on  that  important  subject. 

Before  the  business  of  the  sitting  was  fairly  entered  upon,  a 
rumor  or  an  apprehension  of  new  disturbances  led  to  the  adjourn- 
ment of  the  houses  to  a  more  remote  situation,  and  accordingly 
they  removed  on  the  29th,  to  Haddonfield,  in  the  county  of  Glou- 
cester, where  the  session  was  continued.  At  an  early  period  at- 
tention was  directed  to  filling  the  places  which  had  become  vacant 
in  the  government.  The  Governor  informed  the  houses  that  the 
Chief  Justice  of  the  State,  Dehart,  had  refused  to  qualify  in  office, 
that  another  Justice,  Tucker,  in  the  recent  period  of  danger,  had 
taken  a  protection  from  the  British,  and  that  a  third,  Hopkinson, 
had  declined  to  enter  upon  duty  on  account  of  his  appointment  to 
an  office  by  the  Continental  Congress.8  Robert  Morris  was  ap- 
pointed Chief  Justice  ;  Isaac  Smith,  Second  Justice,  and  John 
Cleves  Symmes  succeeded  to  the  place  of  Hopkinson. 

Much  difficulty  was  experienced  in  framing  the  law  in  relation 

8  Dehart  had  retired  from  the  Continental  Congress,  of  which  he  was  a  mem- 
ber, before  the  declaration  of  independence,  and  that  circumstance,  with  his 
present  refusal  to  enter  upon  office,  caused  him  to  be  suspected  of  coldness  to 
the  American  cause.  Tucker  was  plainly  deficient  either  in  fidelity  or  firmness. 
He  appeared  in  person  before  the  joint  meeting  and  offered  his  resignation, 
which  was  at  once  accepted.  A  few  other  public  functionaries  pursued  a  simi- 
lar course,  and  among  them  some  of  the  members  of  the  legislative  bodies.  One 
of  the  representatives  from  Essex,  appeared  in  the  Assembly,  and  informed  the 
House  that  he  had  taken  a  protection,  and  desired  leave  to  resign  his  seat.  The 
Assembly  resolved,  that  "  no  member  having  taken  such  protection  is  entitled  to 
a  seat  in  this  House,  and  that  the  place  of  the  member  is  vacated." 


436       FIRST  LEGISLATURE   OF   THE    STATE     OF   NEW    JERSEY. 

to  the  militia.  This  subject  had  been  for  some  time  before  the 
houses,  and  was  now  again  pressed  upon  their  notice  by  a  mes- 
sage from  the  Governor,  including  a  communication  from  the 
Commander-in-Chief.  The  latter  earnestly  recommended  that 
every  man  capable  of  bearing  arms  should  be  compelled  to  turn 
out,  and  not  buy  off  his  service  for  a  trifling  sum.  "  We  want 
men,"  he  said,  "  and  not  money."  -The  Governor  fully  concurred 
in  these  views.  But  so  rigid  a  course,  if  proper  in  point  of  policy, 
at  a  time  when  a  new  government  had  but  just  been  established, 
could  not  have  been  carried  out  into  actual  practice.  Beside  the 
difficulty  of  bringing  the  entire  active  population  into  military 
service,  there  were  many  persons  in  the  State,  who  believed 
themselves  to  be  forbidden  to  engage  in  war,  or  warlike  measures, 
and  whom  no  earthly  consideration  could  have  induced  to  violate 
their  principles.  The  attempt  to  force  these  persons  to  a  direct 
participation,  would  have  been  oppressive  and  unwise,  and  would 
also  have  been  in  vain.  In  the  bill  that  was  passed  by  the  Assem- 
bly, the  principle  of  composition  was  retained,  the  House  not 
being  disposed  to  proceed  to  the  extent  advised  by  the  Com- 
mander-in-Chief, and  by  the  Governor.  Whilst  the  bill  was  still 
pending,  strenuous  exertions  were  made  to  effect  an  alteration. 
The  Governor  declared  that  it  gave  him  "  inexpressible  anxiety 
that  the  bill  provided  for  the  commutation  of  personal  service  by 
pecuniary  fines.  Such  a  regulation,"  he  said,  "  in  times  of  actual 
invasion,  would  prove  utterly  incompetent  and  nugatory,  and  he 
recommended  in  the  most  importunate  manner,  that  a  law  should 
be  passed,  exacting  personal  service,  or  that  the  delinquent  should 
find  another  in  his  room."  In  a  communication  to  the  Governor, 
Washington  also  expressed  his  surprise,  that  an  Assembly,  "  who 
were  eye-witnesses  to  the  distresses  and  inconveniences  that  have 
their  principal  source  in  the  want  of  a  well  regulated  militia,  can 
hesitate  to  adopt  the  only  remedy  that  can  remove  them,  and 
stranger  still,  think  of  a  law  that  must  necessarily  add  to  the  load 
of  confusion."  But  the  bill  was  passed  in  its  original  form,  only 
with  an  increase  in  the  amount,  and  an  extension  of  the  application 
of  the  demand  for  pecuniary  composition.  The  Governor  expressed 
his  great  regret  at  the  result.s 

9 General  Putnam,  who  was  then  in  command  in  New  Jersey,  inveighed 


FIR8T   LEGISLATURE   OF    THE    STATE   OF    NEW   JERSEY.        437 

The  disappointment  of  the  Governor  in  relation  to  the  militia 
law,  may  have  been  somewhat  relieved  by  the  ready  concurrence 
of  the  legislature  in  another  measure  proposed  by  his  Excellency. 
In  a  message  to  the  houses,  he  represented,  that  during  the  inva- 
sion of  the  State  by  an  enemy,  it  was  necessary,  in  order  to  a 
prompt  and  faithful  execution  of  the  laws,  that  a  degree  of  au- 
thority should  be  exercised  greater  than  was  then  committed  to 
any  persons  or  bodies  in  the  State.  He  therefore  recommended, 
that  a  body  should  be  constituted,  to  consist  of  a  President,  Vice 
President,  and  a  Council  of  twelve,  (five  of  whom  should  consti- 
tute a  quorum,)  that  they  should  be  empowered  to  supply  every 
vacancy  in  office  occasioned  by  death,  resignation,  removal,  or 
otherwise;  officers  so  appointed  to  be  removable  by  the  legislature 
at  their  next  meeting,  without  impeachment,  but  if  not  then  re- 
moved, to  be  afterwards  removable  in  the  same  manner  as  officers 
regularly  appointed.  That  the  body  should  also  be  authorized  to 
correspond  with  the  Congress,  and  with  other  States,  and  to  trans- 
act business  with  all  the  officers  of  government,  and  to  prepare 
business  to  lay  before  the  Assembly ;  to  apprehend  all  persons 
suspected  of  dangerous  designs  against  the  State,  and  to  commit 
them  to  any  prison,  taking  an  account  of  the  charges  against  them  ; 
to  cause  the  laws  to  be  faithfully  executed ;  to  recommend  the 
Speaker  to  call  together  the  General  Assembly  when  necessary  ; 
and  to  call  out  so  many  of  the  militia  of  the  State  as  should  be 
required  to  aid  in  carrying  their  orders  into  execution,  according 
as  the  exigency  of  affairs  might  demand.  These  powers  were  to 
be  exercised  for  the  period  of  six  months,  unless  sooner  withdrawn 
by  the  legislature.  The  recommendation  of  his  Excellency  was 
considered  by  the  houses,  and  was  substantially  adopted.  A  law 
was  passed  for  investing  the  Governor  and  a  Council  of  twelve 


strongly  against  pecuniary  compositions.  He  declared  that  he  detested  the 
practice  of  admitting  it,  and  also,  (as  members  of  society,)  the  sect  for  whom  it 
was  introduced.  He  also  gave  orders  which  infringed  upon  the  laws  in  this 
respect.  But  Governor  Livingston,  though  he  disapproved  the  laws,  was  op- 
posed to  their  violation,  and  represented  the  ease  to  the  Commander-in-Chief, 
who  interposed  his  authority  ;  and  Putnam  also  said,  that  he  was  far  from  wish- 
ing to  counteract  any  decree  of  the  State,  "  however  absurd." 


438        FIRST    LEGISLATURE    OF    THE    STATE    OF    NEW    JERSEY. 

(the  Council  to  be  selected  out  of  the  legislative  bodies,)  with  the 
authorities  and  powers  expressed  in  his  Excellency's  message,  to 
be  exercised  for  the  space  of  six  months,  unless  sooner  revoked.10 
The  bill  for  the  support  of  the  government,  which  had  long  been 
pending,  was  passed  at  this  sitting,  and  became  a  law.  It  gave  to 
his  Excellency  the  Governor,  six  hundred  pounds  per  annum,  to 
the  Chief  Justice,  three  hundred,  the  third  Justice,  two  hundred, 
and  the  Attorney  General,  forty  pounds.  Each  delegate  in  Con- 
gress was  to  receive  twenty  shillings  a  day,  each  member  of 
Council,  ten  shillings,  and  each  member  of  the  Assembly  eight 
shillings. 

To  devise  means  to  meet  the  necessary  expenses  that  were  in- 
curred in  the  maintenance  of  the  civil  and  military  establishments, 
became  a  subject  of  early  and  earnest  attention.  The  State  au- 
thorities were  not  disposed  to  a  further  resort  to  the  expedient  of 
issuing  bills,11  and  the  period  was  not  thought  favorable  for  in- 
creased taxation.  Yet  the  demands  upon  the  treasury  were  con- 
stantly increasing.  The  difficulty  was  also  augmented  in  con- 
sequence of  the  imperfection  in  the  relations  or  arrangements 
between  the  Continental  and  State  authorities,  in  reference  to  finan- 
cial concerns.  The  Continental  Congress,  as  has  been  seen,  had 
issued  bills,  pledging  the  faith  of  the  United  States  for  their  re- 
demption, though  relying  upo«  the  several  States  for  the  means 
of  fulfilling  the  engagement.  The  amount  thus  issued,  constituted 
a  fund  for  carrying  on  the  war,  and  was  held  and  controlled  for 
this  purpose  by  the  Congress ;  and  that  body  having  the  control 
of  the  general  operations  of  the  war,  as  well  as  of  the  funds,  would 
seem  to  have  been  the  most  proper  authority  for  making  disburse- 
ments. Yet  the  military  raised  in  the  several  States,  and  engaged 
in  the  Continental  service,  returned  to  the  governments  of  the 
States  for  the  payment  of  their  dues.  Such  at  least  was  the  case 


10  The  powers  committed  to  this  body  were  great,  and  nothing  but  the  "  exi- 
gency of  affairs,"  and  the  limited  period  of  its  duration,  could  have  justified  the 
grant. 

11  There  were  bills  not  yet  redeemed,  that  had  been  issued  by  the  Legislature 
of  the  colony,  and  also  by  the  Provincial  Congress.     These  were  recognized  as 
State  currency;  were  commonly  termed  "Old  Money." 


FIRST    LEGISLATURE    OF    THE    STATE    OF    NEW   JERSEY.       439 

in  New  Jersey.  This  subject  received  the  attention  of  the  legis- 
lative bodies  at  the  present  sitting,  and  they  resolved,  "  that  for 
want  of  a  proper  mode  of  paying  the  militia  that  have  been  called 
out  in  the  Continental  service,  many  inconveniences  have  arisen, 
and  are  daily  increasing,  and  that  the  Governor  be  directed  to 
apply  to  the  Honorable  the  Continental  Congress  and  desire  that 
they  will  be  pleased  to  give  directions  for  payment,  and  to  establish 
some  mode  for  regular  payment  in  future."  But  the  difficulty  was 
not  removed,  and  clamorous  demands  were  afterwards  made  upon 
the  State  authorities.  It  was  therefore  again  resolved,  that  the 
Governor  should  be  requested  to  apply  to  Congress  on  the  subject, 
and  to  urge  that  some  expedient  should  be  adopted  for  meeting  the 
demands  of  the  soldiery.  But  with  a  view  to  the  speedy  relief  of 
the  applicants,  the  delegates  of  the  State  in  Congress  were  instructed 
to  obtain  from  that  body  the  sum  of  one  hundred  thousand  pounds, 
to  be  used  according  to  a  mode  directed,  for  the  payment  of  the 
troops.12  The  increased  demands  upon  the  treasury  were  also  met 
in  part  by  a  different  expedient.  A  bill  was  passed  for  delaying 
the  sinking  of  the  respective  quotas  of  the  sinking  fund  tax  for  the 
years  1776  and  1777,  and  applying  the  same  towards  furnishing 
magazines  of  arms  and  stores. 

The  next  sitting  of  the  legislature  (which  was  also  held  at  Had- 
donfield,)  began  after  a  short  recess,  on  the  7th  of  May,  1777. 
Measures  were  then  adopted  for  the  better  protection  of  the  well 
affected  citizens  of  the  State,  against  the  designs  of  the  enemy,  and 
for  the  punishment  of  those  who  should  be  guilty  of  defection.  The 
British  still  lingered  at  some  points  within  the  State,  and  were  in 


12  At  a  subsequent  period,  the  depreciation  of  the  Continental  money  rendered 
it  impossible  for  Congress  fully  to  meet  their  engagements.  But  at  this  time, 
(the  beginning  of  the  year  1777,)  but  about  twenty  millions  had  been  issued, 
and  the  bills  were  mostly  received  at  par.  The  embarrassment  that  began  to 
occur  in  their  circulation,  did  not  excite  alarm,  as  it  was  attributed  to  causes 
which  it  was  supposed  might  be  controlled  by  legislation,  and  Congress  enacted 
a  law  declaring  that  whoever  in  any  purchase  or  sale,  should  rate  gold  or  silver 
coin  higher  than  the  Continental  bills,  ought  to  be  deemed  an  enemy  to  the 
country.  And  at  this  sitting,  the  Legislature  of  New  Jersey  passed  an  act  "  for 
preventing  disaffected  and  evil  minded  persons  from  destroying  the  credit  and 
.  reputation  of  the  Continental  bills  of  credit." 


440         FIRST    LEGISLATURE    OF    THE   STATE    OF    NEW    JERSEY. 

force  in  New  York,  and  they  pursued  a  course  of  irritating  hostility, 
suited  rather  to  the  arts  of  banditti,  than  to  the  movements  of  regu- 
larly appointed  military  forces.  Their  adherents  in  the  Slate  were 
incited  to  watch  for  individuals,  and  several  persons  of  distinction 
were  kidnapped  and  carried  off,  and  rewards  were  set  upon  the 
heads  of  particular  officers.  Governor  Livingston  remarked,  that 
"  they  were  resolved  to  contaminate  the  British  name  by  every 
species  of  infamy,  rather  than  abandon  their  purpose  of  enslaving  a 
free  and  unoffending  people."  To  arrest  this  practice,  a  bill  was 
prepared  in  the  legislature  empowering  the  Governor  and  Council 
of  safety  to  apprehend  and  imprison  such  and  so  many  persons 
known  to  be  disaffected  to  the  State,  as  might  be  thought  sufficient 
to  induce  the  enemy  to  release  such  of  the  citizens  as  had  been 
kidnapped  and  carried  off.  Other  measures  of  a  vigorous  character 
were  adopted  in  reference  to  "  traitors  and  disaffected  persons." 
The  Governor  and  Council  of  Safety  were  authorized  to  arrest  and 
imprison  all  suspicious  or  suspected  individuals,  and  an  act  was 
passed  confiscating  the  personal  estates  of  such  as  had  deserted  to 
the  British,  giving  them,  however,  a  period  of  grace  in  which  they 
might  return,  and  claim  and  take  possession  of  their  property,  and 
receive  full  pardon,  upon  renewing  their  allegiance  to  the  State.  By 
this  measure,  many  who  had  become  sensible  of  their  error,  or  were 
disappointed  in  the  reception  they  had  received,  were  reclaimed,  and 
restored  to  citizenship. 

Events  of  much  importance  to  the  country  at  large  were  oc- 
curring at  this  period.  The  Americans  had  been  greatly  in- 
spirited by  the  successes  in  New  Jersey,  and  the  hopes  that 
arose  in  consequence,  together  with  the  indignation  excited  by 
the  outrages  of  the  English,  had  brought  an  important  augmenta- 
tion to  the  forces  of  Washington.13  But  a  movement  from  which 


13  The  conduct  of  the  British  in  New  Jersey  tended,  in  a  great  degree,  to  ex- 
cite and  confirm  opposition.  The^peaceful  and  unresisting  were  plundered  and 
abused,  and  the  most  wanton  and  cruel  injuries  were  inflicted ;  and  with  a 
strange  disregard  to  good  policy,  as  well  as  good  faith,  no  favor  was  shown  even 
to  those  who  had  received  written  protection  from  the  British.  "  The  Hessians," 
says  Gordon,  "  would  not  understand,  and  the  British  soldiers  deemed  it  a  foul 
disgrace  that  the  Hessians  should  be  the  only  plunderers."  Universal  indigna- 
tion was  thus  aroused. 


FIRST  LEGISLATURE  OF  THE  STATE  OF  NEW  JERSEY.          441 

much  was  expected  by  the  British,  was  in  progress ;  the  plan 
already  noticed  for  dividing1  the  States  by  establishing  a  line  from 
Canada  to  New  York,  had  partially  succeeded,  and  its  final  comple- 
tion was  earnestly  sought.  The  principal  direction  of  this  scheme 
was  committed  to  General  Burgoyne;  he  was  now  advancing  from 
the  north,  and  had  succeeded  in  taking  Ticonderoga,  and  forcing 
his  way  to  the  Hudson.  But  he  had  arrived  in  the  midst  of.  a 
hostile  country,  where  it  was  difficult  to  retreat  or  to  advance,- and 
where  supplies  could  only  be  obtained  by  difficult  and  hazardous 
operations,  and  a  detachment  of  his  army  which  had  been  sent 
out  to  seize  upon  a  quantity  of  provisions  at  Bennington,  was 
met  and  defeated  by  a  body  of  American  troops  under  General 
Stark.  This  event,  which  took  place  on  the  15th  of  August, 
(1777,)  together  with  others  that  quickly  followed,  rendered  the 
situation  of  the  British  Commander  extremely  critical,  and  the  at- 
tention of  all  parties,  was  earnestly  directed  toward  the  movements 
at  that  point.  At  this  juncture,  the  Legislature  of  New  Jersey  again 
convened  after  a  recess  extending  from  the  7th  of  June  to  the  3d 
of  September.1?  On  the  8th,  the  Governor  addressed  the  houses; 
he  congratulated  them  on  the  success  of  the  American  arms  at 
Bennington,  which  he  said  reflected  the  brightest  lustre  on  the 
officers  and  men,  and  gave  the  greatest  encouragement  to  a  con- 
tinuance in  strenuous  efforts.  Several  matters  of  pressing  im- 
portance were  recommended  to  the  notice  of  the.  houses;  his 
Excellency  advised  that  measures  should  be  taken  to  meet  the 
debts  of  the  State,  which  he  said  would  be  severely  felt,  unless 
seasonably  discharged,  and  that  an  enactment  for  sinking  a  portion 
by  tax,  should  directly  be  passed.  He  again  .brought  forward  the 
subject  of  the  militia  laws,  and  strongly  insisted  upon  a  change  in 
their  provisions ;  he  also  recommended  that  a  modification  should 
be  made  in  the  law  prescribing  the  punishment  for  high  treason.13 


"  They  again  convened  at  Haddonfield,  but  on  the  24th  adjourned  to  meet 
on  the  29th  at  Princeton. 

15  Under  .the  constitution,  the  crime  in  question  could,  only  be  committed 
against  the  colony,  and  not  against  the  State,  and  hence  the  State  courts  could 
not  consistently  pronounce  a  judgment  in  proper  form.  Beside  this,  the  exist- 
ing law  allowed,  or  required  the  dismemberment  of  the  criminal,  which  was 
56 


442          FIRST  LEGISLATURE  OF  THE  STATE  OF  NEW  JERSEY. 

A  renewal  of  the  acts  constituting  the  Council  of  Safety  was  also 
recommended,  the  period  for  their  continuance  being  nearly  ex- 
pired. These  several  particulars  received  the  attention  of  the 
legislative  bodies.  But  the  recommendation  of  the  Governor  in 
regard  to  provisions  for  the  State  debt,  was  not  fully  acceded  to. 
Resolutions  were  adopted  by  both  houses,  directing  the  Governor 
to  call  in  the  arrearages  due  from  the  counties  on  account  of  the 
sinking  fund  tax,  and  that  the  sinking  of  the  bills  should  be  de- 
ferred, and  the  amount  be  applied  to  meet  the  present  demands. 
A  bill  was  also  prepared  to  raise  a  fund  by  general  taxation  for 
defraying  the  necessary  expenses  of  the  State,  but  after  protracted 
consideration,  it  was  deferred  to  the  ensuing  session  of  the  As- 
sembly. An  enactment  was  passed  for  continuing  the  Council  of 
Safety,  and  in  addition  to  their  other  duties  and  powers,  they  were 
authorized  to  give  relief  to  such  officers  and  privates  of  the  militia 
as  had  been  disabled  in  the  service  of  the  State,  and  to  the  widows 
of  such  as  had  fallen;  this- was  to  be  done  in  such  manner  as  the 
Council  should  deem  equitable  and  necessary,  and  they  were  to 
draw  upon  the  treasury  for  the  amount  so  expended.  A  law  was 
also  passed  to  ascertain  the  punishment  for  high  treason.  It  pre- 
scribed that  when  any  one  should  be  convicted,  the  sentence 
awarded,  so  far  as  respected  the  corporeal  punishment  of  the 
offender,  should  be  the  same  as  in  cases  of  murder;  and  that  all 
commissions  and  writs  which  by  the  constitution  were  required 
to  run  in  the  name  of  the  colony,  should  run  in  the  name  of  the 
State.16  An  act  was  passed  explaining  and  amending  the  militia 
law,17  and  provision  was  made  for  bringing  the  forces  of  the  State 
into  effective  service.  The  houses  then  rose  and  the  session  was 
closed. 

Thus  terminated  the  action  of  the  first  Legislature  of  the  State. 
It  had  existed  during  a  period  of  the  greatest  difficulty  and  danger; 
for  a  great  portion  of  the  time  the  State  was  overrun  by  a  hostile 


represented  by  the  Governor  as  "so  shocking  and  sanguinary,  as  the  humanity 
of  an  American  legislature  cannot  be  presumed  to  have  intended." 

'•  Paterson's  Laws,  p.  38.   By  this  act  the  provisions  of  the  constitution  were 
again  unavoidably  contravened. 

"The  general  features  of  th«  law  do  not  appear  to  have  be«n  changed. 


FIRST  LEGISLATURE  OF  THE  STATE  OF  NEW  JERSEY.          443 

force ;  the  government  was  new  and  untried ;  and  many  of  the 
citizens,  and  some  of  the  public  functionaries,  proved  fearful  or 
unfaithful,  and  made  their  peace  with  the  enerny.  With  a  few 
exceptions,  the  members  of  the  legislative  bodies  stood  firm ;  they 
continued,  notwithstanding  frequent  interruptions,  in  the  discharge 
of  their  duties,  and  by  their  steadiness,  together  with  the  energy 
and  determination  of  the  Governor,  order  was  preserved  in  the 
State,  and  its  means  and  strength  were  directed  in  maintaining  the 
cause  of  the  country. 


CHAPTER  XXII. 


SECOND  LEGISLATURE. ARTICLES  OF  CONFEDERATION. FINANCIAL 

MEASURES. 


.-  THE  new  Legislature  which  was  chosen  tm  the  14th  of  October,  . 
met  according  to  la.w,  on  the  28th  of  the  same  month,  -1777.  The 
houses  were  organized  by  the  appointment  of  the  former  officers, 
John  Ste_yens  being'chpsen  Vice  President  of  Council,  and  John 
Hart,  Speaker  of  the' Assembly.  .On  tlielst  of  -November,  William 
Livingston  was  unanimously  re-elected,  in  joint  meeting,  to  the. 
office  of  Governor.1  Events  of  an  important  but  varied  character 
were  now  taking  place.  The  critical  situation  of  Gen.  Burgoyne, 

.  has  already  beerPnoticed.  This  officer  had  found  it  impossible  to 
extricate  himself  from  the  situation  in  which  he  was  placed,  and- 
on  the  18th  of  October,  his  entire  army  was  surrendered.  Soon 
afterwards,  the  garrison  at  Ticonderoga  returned  to  Canada,  and 
not  a  foe  remained  in  the  northern  portion  of  the  union.  But  oc- 
currences less -favorable  were  passing  in' another  direction.  Whilst 
the  movements  in  the  north  were  in  progress,  Admiral  and  Lord 
Howe  had  entered  upon  an  attempt  against  Philadelphia,  the  cap- 
ture of  which  place,  together  with  the  expected  success  of  Bur-  . 
goyne's  expedition,  would,  as  was  supposed,  ensure  the  subjection 
of  the  country.  The  Commanders  approached  their  object  by  a  . 
circuitous  course ;  the  forces  leaving  New  York  were  conducted  by 
sea,  advancing.  u'p:  the  Chesapeake  and  landing  at  the  head  of  the 

"^ » 

'On  the  20th,  the  joint  meeting  elected  five  delegates  to  the  Continental 
Congress,  viz :  John  Witherspoon,  Abraham  Clark,  Jonathan  Elmer,  Nathaniel' 
Scudder,  and  EliaS  Boudiriot.  It  was  said  that  the  representation  w&s  made  to 
consist  of  five,  in  order  to  give  some  relief  to  the  members  in  their  attendance^ 
and  that  the  State  might  not  be  put  to  unnecessary  expense  but  three  were  to 
attend  at  the  same  time. 


SECOND    LEGISLATURE. 


445 


River  Elk.2  Their  progress  was  resisted  by  Washington,  at  Bran- 
dy wine,  bat  without  effect,  and  on  the '26th  of  September,  a  detach- 
ment of  the  British  army,  under  Cornwallis,  entered  the  American 
Capital.  Congress  retired  to  Lancaster,  whilst  Washington  con- 
tinued to  hover  in  the,  vicinity  of  .the  .enemy.  In  the  Capital,  as 
on  the  banks  of  the. Hudson,  the  British  found  themselves  strait- 
ened for  want  of  supplies;  hence  their  necessities,  as  well  as  their 
enmities,  led 'them  to  frequent  fhcursions  into  the  neighboring 
country,  and  New  Jersey  being  most  exposed,  was  thus  rendered, 
Once  more,  the  theatre  of  hostile  movements.3  Such  was  the  state 
of  affairs  at  the  time  of  the  meeting  of  the  legislative  bodies.  Be- 
side the  presence  of  an  enemy  in  the  country,  an  evil  of  a  different 
kind  began  to  appear,  and  to  be  felt.  The  "sinews'of  war"  began 
to-be  weakened.  The  money  issued  by  the  Continental  Congress 
.had  hitherto  served  to  enable  the  General,  and  the  State  authorities 
to  carry  on  their  operations ;  but  the  process  of  depreciation  had 
now  commenced,  and  quickly  became  a'source  of  most  serious 
difficulty.  The  bills  had  already  declined  in  value  nearly  one- 

aThe  undertaking  against  Philadelphia  would  probably  have  been  'made 
through  New  Jersey,  but  the  strong  position  of  Washington,  and  the  general 
movement  of  the  militia  of  the  State  in  his  support,  prevented  the  attempt. 

3  Washington  being  established  in  Pennsylvania,  near  Philadelphia,  inter- 
cepted supplies  from  that  direction,  and  Congress  also  declared  the  penalty  of 
death  against  any  who  should  furnish  provisions-  to  the  enemy.  They  were 
thus  obliged  to  depend  upon  a  communication  witrrtheir  fleet  tiy  the  Delaware, 
and  the  efforts  of  strong  detachments  in  directions  that  were  least  protected. 
New  Jersey,  praticularly  its  lower  portion,  as  being  in  the  vicinity  of  Philadel- 
phia, as  the  seat  of  some  of  the  works  obstructing  the  Delaware,  and  as  being 
destitute  of  a  commanding  force  for  its  defence,  was  particularly  exposed  to  at- 
tack, and  suffered  accordingly.  On  the  22d  of  October,  a  body  of  Hessians  un- 
der Count  Donop,  marched  dowri  the  Jersey  shore  and  advanced  against  Fort 
Mercer,  situated  at  Red  Bank,  on  the  Delaware.  But  the  attempt  entirely  failed, 
and  the  Commander  was  mortally  wounded.  During  the  succeding  months, 
several  detachments  were  sent  into  the  lower  counties,  where  the  greatest  in- 
juries and  outrages  were  committed ;  the  fidelity  of  the  people  and  of  the  militia 
was  tested  by  offei^  of  pardon  and  protection,  as  well  as  by  proposals  of  full ' 
payment  for  cattle  and  forage,  and  by_  threats  of  vengeance  against  those  who 
should  resist,  or  incite  to  resistance.  The  temptations,  however,  except  in  a  few 
instances,  were  offered  in  vain,  and  the  attempts  at  punishment  were  met  by 
vigorous  opposition. 


•   . 


446  SECOND    LEGISLATURE. 

half.  At  an  early  period,  Governor  Livingston  directed  the  atten- 
tion of  the  legislative  bodies  to  this  subject.  He  stated  that  the 
Continental  money  had  fallen  in  value  below  the  bills  of  the  State, 
and  of  the  neighboring  States,  and  that  the  former  were  frequently 
exchanged  at  a  loss  for  the  latter.  He  was  inclined  to  attribute 
this  depreciation  to  the  evil  offices  of  the  enemies  of  the  country, 
and  characterized  the  exchange  above  mentioned  as  an  "  infamous 
traffic."  He  recommended  for*  the  purpose  of  checking  it,  that 
the  State  bills  should  be  called  in  and  exchanged  for  Continental 
money,  and  that  the  passage  of  the  former  should  be  entirely  pro- 
hibited after  a  specified  time,  or  if  this  expedient  should  not  be 
approved,  that  a  heavy  fine  should  be  imposed  upon  those  who 
should  be  concerned  in  such  exchanges.  A  similar  recommenda- 
tion was  soon  afterwards  made  by  Congress.  But  no  penal  re- 
gulations could  long  suffice  to  maintain  the  circulation  of  money 
that  had  been  issued  without  any  such  provision  as  would  ensure 
its  redemption.  Congress  had  no  means  of  sinking  the  amount; 
they  had  made  engagements  by  the  issue  of  bills,  relying  upon  the 
States  to  redeem  the  amount  apportioned  to  them  respectively; 
but  as  yet,  little  evidence  had  been  given  that  the  States  would  be 
ready,  or  able  to  meet  the  obligation.  At  the  same  time  that  the 
resources  of  the  country  were  becoming  doubtful,  its  necessities 
•were  increasing.  The  army  was  in  the  most  destitute  condition. 
Governor  Livingston  represented  to  the  legislature  that  the  Jersey 
troops  in  the  Continental  service  were  in  want  of  clothing  of  every 
kind,  and  that  unless  some  steps  should  directly  be  taken  to  sup- 
ply them,  they  would  be  unable  to  keep  the  field.  That  the 
Clothier  General  found  it  impossible  to  procure  supplies,  and  it 
was  incumbent  upon  the  different  States  to  contribute  to  their  aid.4 


4  The  situation  of  the  troops  at  this  time,  and  during  the  subsequent  winter, 
whilst  they  lay  at  Valley  Forge,  was  truly  deplorable.  By  their  resolute  en- 
durance they  were  enabled  to  keep  up  the  appearance  of  threatening  the  enemy, 
who  fortunately  were  ignorant  of  their  real  condition,  but  large  numbers  were 
totally  unfitted  for  active  service.  The  Legislature  of  New  Je/sey  made  as  early 
and  as  full  provision  as  was  possible  for  the  relief  of  their  troops.  A  law  was 
passed  for  procuring  articles  of  clothing"  and  furnishing  them  to  the  regiments. 
Such  supplies  were  afterwards  continued  according  to  the  urgent  recommenda- 
tions of  Congress,  and  a  special  arrangement  was  made  for  the  purpose. 


SECOND   LEGISLATURE.  447 

"A  man  of  sensibility,"  he  said,  "cannot  but  feel  for  brave  men, 
fighting  for  their  country  at  an  inclement  season,  many  of  them 
without  shoes,  stockings,  warm  clothing,  or  even  blankets  to  lie 
on."  Further  provision  was  also  required  for  the  increasing 
numbers  of  the  soldiery  who  were  sick  and  disabled,  and  for  as- 
sisting their  families.  Aid  was  likewise  demanded  for  a  class  of 
sufferers  of  a  different  description;  numbers  of  the  citizens  of  the 
State  had  been  carried  off  by  the  enemy,  and  were  thrown  into 
prisons  in  New  York,  or  elsewhere,  and  left  in  a  state  of  the 
greatest  destitution,  and  such  persons  not  being  considered  as 
prisoners  of  war,  did  not  come  within  the  immediate  notice  of  the 
Commissary  General  of  Prisoners.  It  was  regarded  as  the  duty 
of  the  State,  as  well  as  demanded  by  humanity,  that  some  provi- 
sion should  be  made  for  persons  so  unfortunately  circumstanced. 
A  special  commissioner  was  therefore  appointed5  to  furnish  flour 
and  fuel  for  their  use,  to  be  appropriated  to  the  objects  under  the 
care  and  direction  of  the  Commissary  General  of  Prisoners. 

The  measures  of  the  legislature  were  directed  to  provide  the 
means  for  supplying  these  various  demands.  Notwithstanding 
the  depreciation  of  the  Continental  money,  the  confidence,  or  the 
hopes  of  legislators  as  to  the  soundness  of  this  currency,  together 
with  the  necessities  of  the  times,  led  to  a  continued  resort  to  its  use, 
and  it  was  hence  resolved,  that  application  should  again  be  made  to 
Congress  for  a  sum  sufficient  to  discharge  the  amount  due  to  the 
military,  in  the  Continental  service.  An  enactment,  better  calcu- 
lated to  give  permanent  relief,  was  also  agreed  to ;  the  bill  of  the 
former  session,  to  raise  a  fund  by  taxation  for  discharging  the 
debts  and  defraying  the  expenses  of  the  State,  was  again  taken 
up,  and  after  some  delay,  was  finally  passed.  For  the  purpose 
of  improving  the  finances,  (as  well  as  a  measure  of  public  justice,) 
a  law  was  passed  for  taking  possession  of  the  property,  both  real 
and  personal,  of  such  individuals  as  should  leave  the  State  and 
join  themselves  to  the  enemy.  Congress  had  recommended  that 
the  estates  of  all  persons  who  had  forfeited  their  right  to  protec- 
tion, should  be  confiscated  and  sold ;  but  the  legislature  pursued  a 
more  lenient  course;  the  law  now  passed  made  provision  for  taking 

*  Abraham  Van  Neste,  Esq. 


448  SECON'D  LEGISLATURE. 

possession  of,  and  leasing  the  real  estate,  and  that  the  personal 
property  only  should  be  forfeited.6 

•  Whatever  difficulty  might  be  experienced  by  the  States,  or  by 
any  State,  in.  their  struggle,- no  change  was  made  in  .the  temper 
of  the  people ;  they  were'  still  resolved  to  persist  in  their  course. 
For  the  better  prosecution  of  their  purposes,  a  more  perfect  union 
among  the  States  was  considered. desirable,  and  with  this  view  a 
plan  was  .devised  and  adopted  by  Congress ;  it  was  agreed  to  on 
.the  15th  of  November;  1777.  By  this  system,  the  thirteen  States 
were  to  form  a  confederacy  under  the  style  and  name  of  the 
"  United  States  of  America ;"  all  the  States  to  assent  thereto  by 
their  legislatures,  with  instructions  to  their  delegates  in  Congress 
to  ratify  the  same. 

The 'tenacity,  of  purpose  which'  was  thus  exhibited  by  the' 
Americans,  together  with  the  actual  success  they  had  gained,  were 
productive  of  results  beyond  those'  that  were  exhibited  in  their 
domestic  affairs  ;  it  won  -them  a  character  abroad.  The  capture 
of  Burgoyn'e,  the  determined  opposition  to  Howe,  and  the  earnest 
pursuit  of  their  aims, -demonstrated  the  energy  and  ability  of  the 
people  of  the  States,  and  their  firm  determination  to  maintain  in- 
dependence. In  consequence,  those  nations  whose  assistance  and 
favor  had  been  hitherto  withheld,  or  but  cautiously  and  covertly 
given,  were  stimulated  to  t>pen  engagements.  France  especially, 
the  ancient  enemy  of  England,  had  been  earnestly  watching  the 
contest,  and  only  awaited  the  moment  when  prudence  would  war- 
rant her  in  joining  therein.  The  occurrences  just  noticed  decided 
the  course  of  the  court.  On  the  16th  of  December,  the  American 
Commissioners  already  at  Paris,  were  informed,  by  order  of  the 
King,  that  his  Majesty  had  determined  to  recognize  the  indepen- 
dence-of  the  United  States  of  America,  and  to  conclude  a  treaty' 

•  At  the  next  session  of  the  Assembly  a  still  more  rigid  enactment  was  made; 
an  act-  was  passed  for  forfeiting  and  vesting  in  the  State  the  real  estates  of  certain 
fiigatives  and  offenders,  satisfying  the  lawful  debts  and  demands  against  them. 
All  persons  who  had  aided  and  assisted  the  enemies  of  the  State  or  of  the 
United  States,  by  joining  their  armies  within  the  State  or  elsewhere,  or  who 
had  voluntarily 'gone  to,  or  taken  refuge,  or  continued  with,  or  endeavoured  .to 
continue  with  the  enemy,  and  aid  them  by  council,  or  otherwise,  were  included. 

Paterson's  Laws,  p.  40. 


SECOND    LEGISLATURE.  449 

ul  alliance  and  commerce  with  them,  and  that  he  would  not  only 
acknowledge  their  independence,  but  would  actually  support  it  by 
every  means  in  his  power.7 

These  important  matters  were  brought  before  the  present  legis- 
lature of  New  Jersey.  The  "articles  of  confederation  and  per- 
petual union  between  the  States,"  were  submitted  to  the  Assembly 


'  According  to  the  principles  of  the  family  compact  between  France  and  Spain, 
the  latter  was  to  be  consulted  before  the  agreement  made  by  France  could  be 
fully  concluded,  and  the  concurrence  of  the  Spanish  court  was  accordingly  so- 
licited. But  Spain  refused  her  assent  at  the  time.  Notwithstanding  this,  the 
French  King  persisted,  and  on  the  6th  of  February,  1778,  a  treaty  of  commerce 
was  signed  by  Franklin,  Deane,  and  Lee,  on  the  part  of  the  United  States,  and 
by  M.  Gerard  on  the  part  of  France,  together  with  a  treaty  of  defensive  alliance 
in  case  war  should  be  the  consequence.  The  conclusion  of  the  treaty  with 
France,  with  the  events  that  had  led  to  that  measure,  produced  a  powerful  im- 
pression in  England.  "  When  the  account  of  the  treaties  of  the  6th  of  February 
had  reached  Whitehall,"  says  Laurens,  "administration  were  perplexed,  they 
were  stunned ;  Lord  Mansfield,  in  tears,  applied  to  Lord  Camden,  as  a.  good 
man,  to  interpose  for  the  salvation  of  the  country."  An  attempt  soon  followed 
to  effect  a  reconciliation  with  America.  Even  before  the  conclusion  of  the 
French  treaty  was  known,  conciliatory  bills  had  been  introduced  into  Parlia- 
ment, and  whilst  pending  there,  were  sent  to  the  United  States ;  soon  afterwards 
these  bills  were  passed,  and  three  Commissioners,  the  Earl  of  Carlisle,  Governor 
Johnston,  and  Mr.  Eden,  were  appointed  to  visit  America.  They  were  to  en- 
deavour to  procure  the  acceptance  of  the  proposals  made  by  the  Ministry,  and 
to  counteract  what  was  called  the  "insidious  interposition"  of  France.  The* 
Commissioners  resorted  to  every  means,  and  some  not  of  the  most  honorable 
character,- to  effect  their  purpose.  But  though  the  offers  that  were  made  were 
such  as  might  once  have  been  accepted,  they  came  too  late.  The  Ministry 
were  willing  to  allow  the  demands  of  th$  Americans,  providefl  they  would  re- 
turn to  tfieir  former  state^and  acknowledge  allegiance  to  England.  But  since 
the  recent  events,  especially  the  alliance  with  France,  Congress  and  the  people 
considered  themselves  secure  of  independence,  and  the  Commissioners  were  in- 
formed, that  any  acts  or  proposals  founded  on  the  idea  of  dependence  were 
wholly  inadmissible,  and  that  the  only  solid  proof  of  a  desire  for  reconciliation 
and  peace,  would  be  an  acknowledgement  of  the  independence  of  the  States, 
and  the  speedy  withdrawal  of  all  hostile  forces.  To  this  decisive  declaration, 
the  Commissioners  made  but  an  evasjve  reply,  and  their  exertions  terminated 
with  an  offer  of  pardon  to  all  persons  who  should,  within  foUy  days,  withdraw 
from  the  civil  or  military  Service  of  the  States,  and  continue  good  and  peaceable 
subjects  of  the  British  King,  an  oflei  which  none  were  now  disposed  to  accept, 
57 


450  SECOND    LEGISLATURE. 

on  the  4th  of  December,  1777,  with  an  address  from  Congress 
recommending  immediate  attention  thereto.  The  adjournment  of 
the  bodies  soon  afterward,  prevented  direct  compliance,  but  on 
the  meeting  of  the  houses,  early  in  February,  their  attention 
was  again  directed  to  the  subject,  and  on  the  26th  the  articles 
were  read  and  entered  on  the  journals.  On  the  29th  of  May,  in- 
formation of  the  treaty  with  France  was  communicated  to  the 
houses  by  the  Governor.  "I  heartily  congratulate  you,"  he  said, 
"on  the  agreeable  news  from  France.  As  we  were  at  first  com- 
pelled into  a  declaration  of  independence,  it  was  the  highest  wis- 
dom to  solicit  a  suitable  alliance  for  its  security  and  support ;  to 
both  these  measures  we  may  appeal  to  the  whole  world,  that  we 
were  driven  by  a  tyrannical  King,  a  venal  Parliament,  and  a 
flagitious  Ministry.  We  want  now,"  he  said,  "but  one  spirited 
and  general  effort  to  expel  the  remnant  of  banditti  from  the  Conti- 
nent, and  forever  emancipate  ourselves  into  complete  and  uninter- 
rupted liberty."  The  "spirited  and  general  effort"  was  not 
delayed.  Earnest  exertions  were  made  by  Congress  and  the 
States,  and  the  new  allies  were  not  lacking  in  giving  their  sup- 
port. The  treaty  with  the  French  did  not  prove  a  mere  empty 
agreement;  not  long  after  its  completion,  a  Minister  (M.  Gerard,) 
was  sent  to  America,  accompanied  with  a  powerful  fleet.  The 
immediate  object  of  the  naval  force  was  to  shut  up  the  Delaware, 
and  thus  not  only  to  intercept  the  British  fleet,  but  to  cut  off  sup- 
plies from  the  army  at  Philadelphia.  But  the  armament  did  not 
arrive  until  some  days  after  the  departure  of  the  English  army 
and  fleet.  Secret  orders  had  been  given  for  the  evacuation  of 
Philadelphia,  and  on  the  18th  of  June,  Clinton  (who  had  suc- 
ceeded Howe  in  command,)  departed  for  New  York,  proceeding 
across  New  Jersey.  Washington  immediately  follSwed,  and  com- 
ing up  with  the  enemy  at  Monmouth,  a  severe  engagement  en- 
sued. The  result  was  not  decisive,  but  it  was  followed  by  a  more 
rapid  movement  of  the  English,  who  soon  afterwards  passed  into 
New  York,  and  Washington  took  post  on  the  Hudson. 

The  consideration  of  the  articles  of  union  between  the  States, 
was  yet  pending ;  as  already  noticed,  the  plan  had  been  submitted 
to  the  legislature  of  New  Jersey,  and  on  the  25th  of  March,  com- 
mittees of  the  two  houses  were  appointed  to  consider  and  make 


ARTICLES    OF    CONFEDERATION.  451 

report  thereon.  A  report  which  was  characterized  by  much  ability 
was  made  by  the  joint  committee  on  the  15th  of  Jun£.  Several 
objections  to  the.  plan  were  stated  and  presented  at  length.  The 
committee  said: 

"1.  That  in  the  fifth  article,  where,  among  other  things,  the 
qualifications  of  the  delegates  from  the  several  States  are  described, 
there  is  no  mention  of  any  oath,  test,  or  declaration,  to  be  taken 
or  made  by  them  previous  to  their  admission  to  seats  in  Congress. 
It  is  indeed  to  be  presumed  that  the  respective  States  will  be  care- 
ful that  the  delegates  they  send  to  assist  in  managing  the  general 
interests  of  the  Union,  take  the  oaths  to  the  government  from  which 
they  derive  their  authority;  but  as  the  United  States,  collectively 
considered,  have  interests  as  well  as  each  particular  State,  we  are 
of  opinion  that  some  test  or  obligation  binding  each  delegate,  while 
he  continues  in  the  trust,  to  consult  and  pursue  the  former  as  well 
as  the  latter,  and  particularly  to  assent  to  no  vote  or  proceeding 
which  may  violate  the  general  confederation,  is  necessary.  The 
laws  and  usages  of  all  civilized  nations  evince  the  propriety  of  an 
oath  on  such  occasions,  and  the  more  solemn  and  important  the 
deposite,  the  more  strong  and  explicit  ought  the  obligation  to  be. 

"2.  By  the  sixth  and  ninth  articles,  the  regulation  of  trade 
seems  to  be  committed  to  the  several  States,  within  their  separate 
jurisdictions,  in  such  >a  degree  as  may  involve  many  difficulties 
and  embarrassments,  and  be  attended  with  injustice  to  some  States 
of  the  Union.  The  committee  are  of  opinion  that  the  sole  and 
exclusive  power  of  regulating  the  trade  of  the  United  States  with 
foreign  nations,  ought  to  be  clearly  vested  in  the  Congress,  and 
that  the  revenue  arising  from  all  duties  and  customs  imposed 
thereon,  ought  to  be  appropriated  to  the  building,  equiping,  and 
manning  of  a  navy  for  the  protection  and  defence  of  the  eoasts, 
and  to  such  other  public  and  general  purposes  as  to  the  Congress 
shall  seem  proper,  and  for  the  common  benefit  of  the  States. 
This  principle  appears  to  us  to  be  just,  and  it  may  be  added,  that 
a  great  security  will  by  this  means  be  derived  to  the  Union  from 
the  establishment  of  a  common  and  mutual  interest. 

"3.  It  is  wisely  provided  in  the  sixth  article,  that  no  body  of 
forces  shall  be  kept  up  in  any  State,  in  time  of  peace,  except  such 
number  only  as,  in  the  judgment  of  the  United  States  in  Congress 


452  ARTICLES   OF    CONFEDERATION. 

assembled,  shall  be  deemed  requisite  to  garrison  the  forts  neces- 
sary for  the  defence  of  such  State.  We  think  it  ought  also  to  be 
provided  and  clearly  expressed,  that,  no  body  of  troops  be  kept 
up  by  the  United  States  in  time  of  peace,  except  such  number 
only  as  shall  be  assented  to  by  nine  of  the  States.  A  standing 
army,  a  military  establishment,  and  every  appendage  thereof,  in 
time  of  peace,  is  totally  abhorrent  from  the  ideas  and  principles 
of  this  State.  In  the  memorable  act  of  Congress,  declaring  the 
United  Colonies  free  and  independent  States,  it  is  emphatically 
mentioned  as  one  of  the  causes  of  separation  from  Great  Britain, 
that  the  Sovereign  thereof  had  'kept  up  among  us,  in  time  of 
peace,  standing  armies,  without,  the  consent  of  the  legislatures.' 
It  is  to  be  wished  the  liberties  and  happiness  of  the  people  may, 
by  the  confederation,  be  carefully  and  explicitly  guarded  in  this 
respect. 

"4.  In  the  eighth  article,  we  observe,  that  as  the  frequent  set- 
tlements of  the  quotas  for  supplies  and  aids  to  be  furnished  by  the 
several  States  in  support  of  the  general  treasury  will  be  requisite, 
so  they  ought  to  be  secured.  It  cannot  be  thought  improper  or 
unnecessary-to  have  them  struck  once  at  least  in  every  five  years, 
and  oftener  if  circumstances  will  allow.  The  quantity  or  value 
of  real  estate  in  some  States,  may  increase  much  more  rapidly 
than  in  others,  and  therefore  the  quotas  which  are  at  one  time  just, 
will  at  another  be  disproportionate. 

"  5.  The  boundaries  and  limits  of  each  State  ought  to  be  fully 
fixed  and  made  known. \  This  we  apprehend,  would  be  attended 
with  very  salutary  effects,  by  preventing  jealousies  as  well  as  con- 
troversies, and  promoting  harmony  and  confidence  among  the 
States.  If  the  circumstances  of  the  times  would  not  admit  of  this, 
previous  to  the  proposal  of  the  confederation  to  the  several  States, 
the  establishment  of  the  principles  upon  which,  and  the  rule  and 
mode  by  which  the  determination  may  be  conducted,  at  a  time 
more  convenient  and  favorable,  and  a  provision  for  despatching 
the  same  at  an  early  period,  not  exceeding  five  years  from  the 
final  ratification  of  the  confederation,  would  be  satisfactory. 

"  6.  The  ninth  article  provides,  that  no  State  shall  be  deprived 
of  territory  for  the  benefit  of  the  United  States.  Whether  we  are 
to  understand  that  by  territory  is  intended  any  lands,  the  property 


ARTICLES    OF    CONFEDERATION.  453 

of  which  was  heretofore  vested  in  the  Crown  of  Great  Britain,  or 
that  no  mention  of  such  lands'is  made  in  the  confederation,  we 
are  constrained  to  observe  that  the  present  war,  as  we  always  ap- 
prehended, was  undertaken  for  the  general  defence  and  interest 
of  the  confederating  colonies,  now  the  United  States.  It  was  ever 
the  confident  expectation  of  this  State,  that  the  benefits  arising 
from  a  successful  contest  were  to  be  general  and  proportionate, 
and  that  the  property  of  the  common  enemy,  falling  in  conse- 
quence of  a  prosperous  issue  of  the  war,  would  belong  to  the 
United  States,  and  be  appropriated  to  their  use.  We  are  there- 
fore greatly  disappointed  in  finding  no  provision  made  in  the  con- 
federation for  empowering  the  Congress  to  dispose  of  such  pro- 
perty, but  especially  of  the  vacant  and  unpatented  lands,  commonly 
called  the  Crown  lands,  for  defraying  the  expenses  of  the  war, 
and  for  other  such  public  and  general  purposes.  The  jurisdiction 
ought,  in  every  instance,  to  belong  to  the  respective  States,  within 
the  charter  or  determined  limits  of  which  such  lands  may  be 
seated;  but  reason  and  justice  must,  decide,  that  the  property 
which  existed  in  the  Crown  of  Great  Britain  previous  to  the 
present  revolution,  ought  now  to  belong  to  the  Congress,  in  trust, 
for  the  use  and  benefit  of  the  United  States.  They  have  fought 
and  bled  for  it  in  proportion  to  their  respective  abilities,  and  there- 
fore the  reward  ought  not  to  be  predilectionally  distributed.  Shall 
such  States  as  are  shut  out  by  situation  from  availing  themselves 
of  the  least  advantage  from  this  quarter,  be  left  to  sink  under  an 
enormous  debt,  whilst  others  are  enabled,  in  a  short  period,  to  re- 
place all  their  expenditures  from  the  hard  earnings  of  the  whole 
confederacy. 

"7.  The  ninth  article  also  provides  that  the  requisitions  for 
land  forces  to  be  furnished  by  the  several  States,  be  proportioned 
to  the  number  of  white  inhabitants  in  each.  In  the  act  of  inde- 
pendence we  find  the  following  declaration,  'we  hold  these  truths 
to  be  self-evident,  that  all  men  are  created  equal;  that  they  are 
endowed  by  their  Creator  with  certain  inalienable  rights,  among 
which  are  life,  liberty,  and  the  pursuit  of  happiness.'  Of  this 
doctrine,  it  is  not  a  very  remote  consequence,  that  all  the  inhabi- 
tants of  every  society,  be  their  color  or  complexion  what  it  may, 
are  bound  to  promote  the  interests  thereof,  according  to  their  re- 


454  ARTICLES   OF   CONFEDERATION. 

spective  abilities.  They  ought  therefore  to  be  brought  into  the 
account  on  this  occasion.  But  admitting  necessity  or  expediency 
to  justify  the  refusal  of  liberty  in  certain  circumstances,  to  persons 
of  a  particular  color,  we  think  it  unequal  to  reckon  nothing  upon 
such,  in  this  case.  Should  it  be  improper,  for  special  local  reasons 
to  admit  them  in  arms  for  the  defence  of  the  nation,  yet  we  con- 
ceive that  the  proportion  of  the  forces  to  be  embodied  ought  to  be 
fixed  according  to  the  whole  number  of  inhabitants  in  a  State, 
from  whatever  class  they  may  be  raised.  If  the  whole  number 
of  inhabitants  in  a  State,  whose  inhabitants  are  all  white,  both 
those  who  are  called  into  the  field  and  those  who  remain  to  till 
the  ground  and  labor  in  the  mechanic  arts,  and  otherwise,  are 
reckoned  in  the  estimate  for  striking  the  proportion  of  forces  to  be 
furnished  by  that  State,  ought  even  a  part  of  the  latter  description 
to  be  left  out  in  another?  As  it  is  of  indispensable  necessity  in 
every  war  that  a  part  of  the  inhabitants  be  employed  for  the  uses 
of  husbandry  and  otherwise  at  home,  while  others  are  called  into 
the  field,  there  must  be  the  same  propriety  that  persons  of  a  dif- 
ferent color  who  are  employed  for  the  same  purpose  in  another, 
should  be  reckoned  in  the  amount  of  the  inhabitants  in  the  present 
instance. 

"8.  In  order  that  the  quota  of  troops  to  be  furnished  in  each 
State  on  occasion  of  war,  may  be  equitably  ascertained,  we  are  of 
opinion  that  the  inhabitants  of  the  several  States  ought  to  be 
numbered  as  frequently  as  the  nature  of  the  case  will  admit,  and 
at  least  once  every  five  years.  The  disproportionate  increase  in 
the  population  of  different  States,  may  render  such  provision 
absolutely  necessary. 

"  9.  It  is  further  provided  in  the  ninth  article,  that  the  assent  of 
nine  States,  out  of  the  thirteen,  shall  be  necessary  to  determine  in 
sundry  cases  of  the  highest  concern.  If  this  proportion  be  proper 
and  just,  it  ought  to  be  kept  up  should  the  States  increase  in 
number,  and  a  declaration  thereof  made  for  the  satisfaction  of  the 
Union."8 


8  This  report  was  signed  by  order  of  the  joint  committee,  by  Stephen  Crane, 
of  the  Council,  and  Peter  Tallman,  of  the  House  of  Assembly. 

Votes,  vol.  5,  p.  146. 


ARTICLES    OF    CONFEDERATION.  455 

After  the  reading  of  the  report,  new  committees  were  appointed 
to  draw  up  a  representation  to  Congress  on  the  subject,  and  on 
the  16th  of  June  a  draught  of  such  representation  was  presented; 
embracing  with  slight  alterations  the  report  of  the  former  com- 
mittee; it  was  adopted  by  the  houses,  and  was  ordered  to  be  im- 
mediately forwarded  to  Congress.  The  representative  bodies 
stated  that  "  we  think  it  our  indispensable  duty  to  solicit  the  at- 
tention of  Congress  to  these  considerations  and  remarks,  and  to 
request  that  the  purport  and  meaning  of  them  be  adopted  as  a  part 
of  the  general  confederation ;  by  which  means  we  apprehend  the 
mutual  interests  of  all  the  States  will  be  better  secured  and  pro- 
moted, and  that  the  legislature  of  this  State  will  then  be  justified 
in  ratifying  the  same."  The  question  was  taken  in  Congress 
whether  the  purport  and  meaning  of  the  several  amendments  pro- 
posed by  New  Jersey  should  be  admitted  as  a  part  of  the  confed- 
eration, and  was  decided  in  the  negative,  three  States  in  the  affir- 
mative, six  in  the  negative,  and  one  divided.  The  amendments 
proposed  by  other  States  were  also  negatived.  In  July  (1778,)  a 
form  of  ratification  was  adopted  in  Congress,  and  the  articles  were 
signed  by  the  delegates  of  all  the  States  except  New  Jersey,  Dela- 
ware, and  Maryland.  A  letter  was  sent  to  these  States  urging 
their  attention  to  the  subject.  On  the  14th  of  September  this  letter 
was  laid  before  the  legislature  of  New  Jersey  by  the  Governor. 
His  Excellency  remarked  that  it  was  of  the  highest  importance, 
that  the  confederation  should  be  ratified  by  all  the  States  with  all 
convenient  despatch,  and  he  was  happy  that  no  obstruction  had 
been  given  on  the  part  of  this  State,  except  that  which  arises  from 
certain  objections  to  soma  of  its  articles,  of  which  fhat  against  the 
unequal  appropriation  of  the"  lands  lately  called  Crown  lands,  ap- 
pears of  too  great  moment  to  the  interest  of  the  people  of  the  State, 
to  give  up.  He  could  not  conceive  that  the  "patriotism  and  good 
sense"  of  the  State  required  the  legislature  to  instruct  the  dele- 
gates to  ratify  the  confederation,  trusting  to  future  deliberations  to 
make  such  alterations  and  amendments  as  experience  may  show 
to  be  expedient  and  just,  while  the  patriotism  and  integrity  of 
the  present  Congress  deferred  that  justice,  which  it  was  in  their 
power  instantly  to  grant,  to  a  future  Assembly,  concerning  whose 
alterations  and  amendments  no  certain  conclusion  could  be  formed. 


456  FINANCIAL    MEASURES. 

Committees  were  again  appointed  in  the  two  houses  to  take  into 
consideration  the  propriety  of  instructing  the  delegates  in  Congress 
to  sign  and  ratify  the  articles  as  they  stood,  and  on  the  25th  of 
September  they  reported  that,  in  their  opinion,  it  was  not  expe- 
dient under  existing  circumstances  to  give  such  authority  or  in- 
struction, which  report  was  agreed  to.  Before  further  action  was 
taken  upon  the  subject  the  houses  rose  and  the  session  .terminated. 

A  new  legislature  was  elected  at  the  time  prescribed  by  law,  and 
convened  at  Trenton  on  the  27th  of  October,  1778.  The  organiza- 
tion of  the  houses  was  effected  by  the  appointment  of  the  former 
officers,  and  William  Livingston  was  chosen  again  to  the  office  of 
Governor.  The  subject  of  the  articles  of  confederation  was  taken 
up  by  the  new  bodies,  a  letter  having  been  written  by  Congress 
urging  renewed  attention  thereto.  The  houses  resolved  themselves 
into  committees  of  the  whole  and  acted  jointly  upon  the  subject, 
and  the  joint  committee  finally  resolved  and  reported  "that  not- 
withstanding this  committee  veiw  with  concern  the  terms  of  the 
articles  of  confederation  between  the  several  States ;  and  notwith- 
standing the  objections  lately  stated  and  sent  to  Congress  on  the 
part  of  this  State,  are  founded  in  justice  and  equity,  and  several 
of  them  of  the  most  essential  moment  to  the  interest  thereof;  yet, 
maturely  considering  the  urgent  necessity  of  acceding  to  the  con- 
federacy; that  every  separate  and  detached  State  interest  ought  to 
be  postponed  to  the  public  good ;  and  firmly  relying  that  the  can- 
dor and  justice  of  the  several  States  will,  in  due  time,  remove  the 
inequality  which  now  subsists ;  it  is  therefore  the  opinion  of  this 
committee  that  the  delegates  representing  this  State  in  Congress 
be  immediately  instructed  to  subscribe  4he  «said  articles,  that  the 
same  may  become  conclusive  on  the  |>art  of  this  State,  and  pbli- 
gatory  thereon."  This  report  was  agreed  to  by  the  houses  on  the 
14th  of  November,  and  instructions  were  given  to  the  delegates  in 
Congress  in  accordance  therewith.9 

In  the  midst  of  the  various  circumstances  that  had  occurred  of 


'  Beside  furnishing  instructions  to  the  delegates,  a  special  act  on  the  subject 
was  passed,  entitled  "  an  act  to  authorize  and  empower  the  delegates  of  the 
State  of  New  Jersey  in  Congress,  to  subscribe  and  ratify  the  articles  of  confed- 
eration and  perpetual  union  between  the  several  States." 


FINANCIAL    MEASURES.  457 

an  encouraging  character,  much  and  increasing  difficulty  was  ex- 
perienced by  the  States  in  regard  to  their  financial  concerns,  on 
which  account  their  operations  were  greatly  impeded.  To  this 
subject  the  attention  of  the  legislature  of  New  Jersey  was  particu- 
larly turned.  At  their  first  sitting,  an  act  was  passed  for  raising 
the  sum  of  one  hundred  thousand  pounds,  by  taxation,  for  dis- 
charging the  debts  and  defraying  the  expenses  of  the  State.  But 
during  the  next  sitting,  in  April,  1779,  it  was  perceived  that  far 
more  ample  provision  was  required  to  meet  the  demands  of  the 
time.  The  troops  of  the  State  continued  to  be  in  a  most  destitute 
condition ;  a  representation  and  remonstrance  from  the  officers  was 
presented,  setting  forth  their  grievances  with  respect  to  their  pay, 
subsistence,  and  clothing,  and  asking  redress.10  In  the  case  of 
one  individual  (Gen.  Maxwell,)  who  presented  a  separate  appeal, 
a  tone  of  complaint  almost  reaching  to  reproof  and  reproach  was 
assumed."  As  already  noticed,  the  legislature  had  been  anxious 
that  some  general  provision  for  the  payment  of  the  troops  in  the 
Continental  service,  should  be  made  by  Congress,  under  the  belief 
that  this  was  the  most  proper  and  advantageous  mode..  To  the 
applications  just  noticed,  it  was  therefore  replied,  that  provision 
had  been  made  as  far  as  was  "consistent  previous  to  an  applica- 
tion to  Congress,  but  that  if  no  provision  should  be  made  by  that 
body  after  a  proper  representation  to  them,  it  would  then  be  the 
duty  of  the  State  to  provide  for  their  quota  of  the  troops,  in  the 


10  During  the  recess  of  the  Legislature,  the  necessities  of  the  troops  were  so 
urgent  that  certain  individuals  were  induced  to  interpose.  William  Livingston, 
the  Governor,  John  Cooper,  Andrew  Sinnickson,  Joseph  Holmes,  Robert  Morris, 
Peter  Tallman,  Abraham  Van  Neste,  Silas  Condict,  and  William  C.  Houston, 
requested  the  Treasurer  of  the  State  to  furnish  to  the  Commissioner  of  Clothing 
any  sum  not  exceeding  seven  thousand  pounds,  to  be  used  for  purchasing  cloth- 
ing, and  became  responsible  for  its  restoration  to  the  treasury  in  case  no  pro- 
vision for  the  purpose  should  be  made  by  the  Legislature.  The  Legislature 
afterwards  approved  the  appropriation. 

"  A  resolution  was  offered  in  the  Assembly,  that  the  letter  of  Gen.  Maxwell 
contained  indecent  and  undeserved  reflections  upon  the  House,  and  that  the 
same  be  transmitted  to  Congress  with  a  proper  expression  of  the  disapprobation 
and  displeasure  of  the  Legislature.     But  the  resolution  was  not  carried. 
58 


458  FINANCIAL    MEASURES. 

best  manner  they  were  able  to  devise.     A  full  representation  to 
Congress  was  accordingly  made  upon  the  subject.12 

«  "  The  representation  and  petition  of  the  State  of  New  Jersey  sheweth,  That 
we  are  fully  convinced  the  circumstances  of  the  times  render  a  further  provision 
for  the  subsistence  and  comfort  of  the  arrrry  of  the  United  States  indispensably 
necessary,  but  are  of  opinion  the  mode  adopted  to  effect  this  purpose,  is  very 
improper,  and  will  be  productive  of  injurious  consequences.  The  several  States 
are  each  forming  a  separate  plan  of  supplying  their  own  troops  with  such  neces- 
saries as  .they  think  most  advisable;  nearly  at  the  prices  current  when  the  army 
was  established ;  and  stipulating  in  their  favor  such  other  privileges  and  advan- 
tages as  may,  in  a  considerable  degree,  make  good  the  contract  under  which 
they  entered  the  service  at  the  commencement  of  the  war.  These  regulations, 
various,  unequally  advantageous,  and  formed  upon  different  principles,  must,  in 
their  practice  and  operation,  produce  discontents,  murmurings,  and  perhaps  still 
worse  effects.  Further,  whilst -each  State  thus  supports  a  system  of  its  own, 
the  whole  expense  is  greatly  and  unnecessarily  increased ;  for  although  it  be 
paid  by  the  States  separately,  and  not  out  of  the  Continental  treasury,  it  is  still 
a  general  expense,  and  the  wages  which  each  State  must  pay  in  purchasing  for, 
and  issuing  to  their  respective  troops  would  be  double  or  treble  their  proportion 
of  the  sum  which  would  procure  the  whole  purchased  and  issued  to  the  army 
at  large,  if  provision  were  made  by  Congress;  we  would  also  suggest  the  ex- 
ceeding .difficulty  under  which  this  State  must  labor  in  carrying  their  part  of 
this  divided  mode  of  supply  into  execution.  The  means  of  importation  are  not 
it)  our  power,  and  purchases  on  the  Continent  must  be  made  at  a  distance,  and 
under  every  disadvantage.  To  the  Congress  these  things  would  be  more  prac- 
ticable. In  many  cases  only  a  greater  quantity  of  the  same  articles  would  be 
necessary,  and  they  might  be  procured  in  the  same  line,  in  which  the  army  is 
now  supplied.  Every  expense  which  may  be  necessary  for  the  comfort  and 
supply  ofjhose  who  devote  themselves  to  the  public  service,  we  are  willing,  to 
the  utmost  of  our  proportion  to  defray,  but  mean  not  to  recommend,  or  even 
approve  in  the  slightest  degree,  any  kind  of  establishment,  or  particular  emolu- 
ments for  life.  These,  to  say  nothing  more,  were  no  part  of  the  original  con- 
tract, and  cannot  be  demanded  on  any  equitable  principles.  By  a  resolution  of 
Congress  of  the  15th  of  March  last,  a  certain  description  of  officers  and  bodies 
mentioned,  are  to  be  reckoned  as  parts  of  the  quotas  of  the  States  to  which  they 
belonged,  and  to  be  credited  accordingly.  Within  this  description  are  troops 
who  were  commissioned  or  enlisted  in  this  State  who  are  now  at  different  and 
distant  places.  If  we  are  credited  with  these,  it  will  by  them  be  expected  that 
we  provide  for  them;  and  if  this  be  not  done,  the  officers  will  resign  and  the 
privates  desert;  but  to  do  this  seems  impracticable  upon  any  particular  State 
system ;  and  if  possible,  the  expenditure  occurring  in  the  transportation  of  sepa- 


FINANCIAL    MEASURES.  459 

But  in  addition  to  measures  for  supplying  the  immediate  de- 
mands of  the  period,  it  was  necessary  also  that  something  should 
be  done  to  sustain  and  restore  the  credit  of  the  general  currency. 
Although  the  first  issues  had 'not  been  redeemed,  Congress  had 
been  compelled  to  resort  to  new  emissions,  and  at  this  time  the 
amount  exceeded  one  hundred  millions ;  the  depreciation  of  the 
bills  in  consequence,  was  rapidly  increasing;  they  now  would 
scarcely  pass  for  one-fourth  of  their  nominal  value.  Whether  an 
earlier  resort  to  measures  for  the  redemption  of  these  bills  by  tax- 
ation, would  have  prevented  the  decline,  and  maintained  their 
value,  is  doubtful,  unless  there  could  also  have  been  a  limitation 
of  issue ;  but  it  had  became  apparent  that  some  measure  must  be 
speedily  adopted,  with  a  view  to  redemption,  to  prevent  complete 
and  immediate  failure.  In  November,  1777,  Congress  had  recom- 
mended to  the  several  States  to  raise  by  taxes  the  sum  of  five 
millions  of  dollars  for  the  succeeding  year,  the  sums  raised  by  each 
to  be  placed  to  the  credit  of  the  States  on  account  of  the  whole 
amount  of  public  debt  apportioned  to  the  States  respectively,  and 
a  still  larger  requisition  was  made  in  January,  1779.  These  re- 
quisitions were  considered  by  the  legislature  of  New  Jersey,  in 
committee  of  the  whole  on  the  state  of  the  commonwealth,  and  on 
the  3d  of  May  the  committee  reported  a  resolution  that  the  sum 
of  one  million  of  pounds  should  be  levied  by  tax  within  the  State, 
and  paid  into  the  treasury  by  the  first  of  December  next  ensuing. 
Of  this  amount,  the  sum  of  one  hundred  and  one  thousand  two 
hundred  and  fifty  pounds  was  required  under  the  first  requisition 
of  Congress,  and  the  sum  of  three  hundred  thousand  pounds  under 
the  second;  the  remainder  was  reserved  for  other  appropriations.13 


rate  supplies  to  so  many  different  posts,  would  be  out  of  all  proportion  to  the 
value  of  the  articles  supplied.  For  these  reasons,  with  many  others,  with  which 
we  think  it  unnecessary  to  detain  Congress,  we  earnestly  entreat  that  they 
would  adopt  a  mode  of  making  such  further  provision  for  the  army  as  they  may 
think  just  and  adequate;  a  mode  which  by  comprehending  the  whole,  will  re- 
move all  danger  of  partial  distinctions;  which  will  be  less  difficult  and  less  ex- 
pensive than  the  one  excepted  against;  and  which  will  produce  that  satisfaction 
without  which  the  service  can  never  be  generally  agreeable  to  those  engaged 
in  it,  or  fully  beneficial  to  the  nation."  •  Voles,  vol.  5. 

18  On  the  31st  of  May  a  communication  was  received  containing  a  further 


460  FINANCIAL    MEASURES. 

The  resolution  was  agreed  to  by  the  houses,  and  an  Enactment 
directing  the  mode  of  levying,  and  collecting  the  amount,  was 
passed.  A  resolution  was  also  reported  to  the  houses,  and  which 
was  likewise  confirmed  by  an  enactment,  that  all  bills  of  credit 
emitted  by  the  State  whilst  the  same  was  a  colony,  should  be 
called  out  of  circulation  by  the  1st  of  January  next  ensuing,  in  the 
payment  of  taxes,  or  in  exchange  for  Continental  money.  By 
the  recall  of  these  bills,  an  appearance  of  a  kind  of  opposition  in 
interest  and  action  between  the  General  and  State  government  was 
removed,  and  the  exchange  for  Continental  money,  tended  to  sus- 
tain the  credit  of  the  latter,  and  to  enlarge  its  sphere  of  circulation. 
With  the  same  view,  (to  sustain  the  credit  of  the  currency,)  an  at- 
tempt was  made  to  effect  a  regulation  and  limitation  of  prices.  It 
was  supposed  that  extortionate  demands  were  made  for  the  neces- 
sary articles  of  life,  and  that  the  evil  might,  and  should  be  re- 
strained by  direct  legislative  interference.  An  act  had  been  passed 
by  the  legislature  for  regulating  and  limiting  the  price  of  labor, 
and  of  sundry  articles  of  produce,  manufacture,  and  trade,  and  to 
prevent  forestalling  and  engrossing;  but  as  this  act  could  only  ap- 
ply throughout  the  State,  it  had  failed  in  its  effect,  and  its  opera- 
tion was  therefore  suspended  by  the  legislature.  But  an  opinion 
prevailed  that  such  regulations  were  required,  and  that  if  extended 
and  properly  observed,  they  would  aid  materially  in  relieving  the 
existing  difficulty  and  distress.  Petitions  were  presented  to  the 
legislature,  praying  that  means  might  be  used  to  procure  a  regula- 
tion of  prices  throughout  the  country.  On  the  10th  of  June,  a 
resolution  was  agreed  to  in  the  Assembly,  that  as  the  depreciation 
of  the  Continental  bills  appeared  to  threaten  the  most  alarming 
evils,  a  representation  should  be  made  to  Congress  upon  the  subject, 
and  on  the  expediency  of  adopting  a  general  regulation  and  limi- 
tation of  prices  throughout  the  United  States.  Council  not  con- 
curring at  the  time,  this  measure  was  not  immediately  carried  out, 
but  at  the  next  sitting  of  the  legislature,  the  movement  was  renewed, 
and  on  the  20th  of  September  it  was  resolved  that  application 


requisition  of  Congress  to  the  State,  for  the  sum  of  two  millions  four  hundred 
thousand  dollars,  for  the  service  of  the  year.  But  it  was  resolved  that  no  larger 
sum  should  be  raised  than  had  before  been  proposed. 


FINANCIAL    MEASURES.  461 

should  be  made  to  Congress  requesting  and  urging  them  to  adopt 
and  recommend  to  the  States  some  general  plan  for  limiting  and 
determining  prices ;  and  that  a  circular  upon  the  same  subject 
should  also  be  directed  to  the  legislatures  of  the  several  States.14 

"  In  the  address  to  Congress,  it  was  said,  "  that  amidst  the  promising  pros- 
pects of  an  happy  issue  of  the  present  war,  and  of  the  establishment  of  the 
glorious  freedom  and  independence  of  these  United  States,  we  feel  the  most 
painful  anxiety  from  the  state  of  the  Continental  finances,  which  threatens  not 
only  embarrassment,  but  ruin  to  the  public  measures,  that  in  a  crisis  so  alarm- 
ing, it  becomes  us  not  to  consume  time  in  useless  murmurings,  but  to  engage 
in  devising  means  to  remedy  the  evil  and  avert  the  mischief.  If  we  calculate 
for  a  year  to  come,  from  the  events  of  a  few  months  past,  the  increase  of  prices, 
and  public  debts,  must  appear  alarming;  the  latter  perhaps  will  exceed  the  reach 
of  common  computation,  and  the  former  rise  to  the  utter  destruction  of  our  paper 
currency.  To  prevent  evils  so  truly  deplorable,  we  conceive  that  every  possible 
exertion  ought  to  be  made ;  and  that  nothing  short  of  a  regulation  of  prices 
generally  adopted  and  effectually  carried  out,  will  prove  sufficient  The  im- 
practability  of  such  a  measure  has  been  strongly  represented  by  interested  per- 
sons, but  if  practicable  in  one  State,  it  is 'also  in  another,  and  throughout  the 
Union,  and  that  it  is  practicable  in  one  State  has  been  tested  and  proved  in  this. 
If  other  States  had  come  into  this  regulation,  and  had  persevered  therein,  affairs 
would  probably  have  worn  a  different  aspect.  If  your  honorable  body  take  the 
matter  up,  and  form  a  general  system  or  plan  of  regulation,  and  recommend  it 
to  the  several  States,  in  terms  as  forcible  as  the  necessity  of  the  case  will  bear, 
we  apprehend  that  it  will,  without  delay,  take  place  in  the  fullest  and  amplest 
manner.  Multitudes  in  the  several  States  formerly  opposed  to  the  measures  are 
now  anxious  to  see  it  take  place ;  they  are  convinced  that  taxation  without  a 
regulation  of  prices  will  be  more  likely  to  increase  than  to  diminish  the  disease. 
Every  vender,  they  say,  will  raise  upon  the  articles  he  has  for  sale,  in  order  the 
better  to  enable  him  to  pay  his  tax,  and  thus  prices  will  go  on  rising,  our  money 
depreciating,  and  our  debt  increasing,  until  we  become  a  ruined  people.  With 
regard  to  the  mode  of  regulating,  we  would  observe,  that  if  prices  be  fixed  at 
any  certain  standard  not  to  descend,  we  fear  it  will  answer  no  valuable  purpose. 
Those  who  wish  to  break  through  the  regulation  have  only  to  withhold  what 
they  have  for  sale,  and  the  business  will  be  done ;  the  scarcity  will  soon  compel 
the  public  to  yield  to  their  avarice ;  nor  will  they  run  any  risk  in  withholding, 
the  chance  will  be  altogether  in  their  favor.  But  if  prices  are  reduced  by  mode- 
rate and  regular  graduations,  and  at  certain  and  short  periods,  the  case  will  be 
different;  this  will  operate  like  a  falling  market,  it  will  induce  the  people  to  ex- 
hibit what  they  have  to  spare,  in  order  to  avoid  the  loss  that  might  be  incurred 
by  delay." 

The  circular  to  the  other  States  represented  the  urgent  danger  from  the  de- 


462  FINANCIAL   MEASURES. 

The  several  measures  that  were  adopted  might  have  served  for  a 
time  to  sustain  the  credit  of  the  currency,  could  further  emissions 
have  been  avoided,  but  this  was  not  found  practicable,  and  in  the 
month  of  September  the  amount  had  risen  to  one  hundred  and 
sixty  millions.  At  that  time  Congress  thought  it  necessary  to 
declare,  that  the  issues  in  no  account,  should  exceed  two  hundred 
millions.  But  even  this  resolution  could  not  long  be  maintained, 
and  the  year  1779  drew  towards  its  close,  presenting  nothing  de- 
cisive in  the  military  fortunes  of  the  country,  but  with  the  prospect 
of  deep  embarrassment  in  its  financial  concerns. 

By  the  legislature  which  was  elected  at  the  usual  time,  and 
which  convened  on  the  27th  of  October,  1779,  the  objects  which 
had  occupied  the  former  body  were  further  pursued.  During  the 


preciation  of  the  Continental  bills,  and  that  of  the  many  schemes  of  relief,  a 
general  regulation  and  limitation  of  prices,  was  thought  most  likely  to  have  the 
desired  effect;  that  loans  could  only  prove  useful  as  a  temporary  expedient,  and 
taxation  was  slow,  and  its  effects  would  require  time  to  be  sufficiently  felt. 
That  many  and  great  struggles  had  been  made  to  arrest  the  evil  that  was 
threatened,  all  which  had  fallen  short  of  their  object,  because  of  their  parti-il 
operation.  A  general  application  to  Congress  was  recommended,  but  that  if 
such  an  application  did  not  appear  eligible,  or  if  when  made  it  shoul  1  not  be  pro- 
ductive of  the  desired  effect,  the  State  was  ready  to  join  with  others  in  any  other 
measure  that  might  be  thought  suited  to  the  end  proposed.  Nearly  at  the  same 
time,  and  probably  quite  independent  of  the  movement  in  New  Jersey,  a  meet- 
ing upon  the  same  subject  was  held  at  Hartford,  composed  of  delegates  from  the 
eastern  States  as  far  as  New  York,  and  they  recommended  that  another  meeting 
should  be  held  at  Philadelphia,  consisting  of  delegates  from  all  the  States  as  far 
south  as  Virginia,  in  the  ensuing  January.  But  in  November  Congress  recom- 
mended a  general  limitation  of  prices  throughout  the  States,  by  their  own  action. 
The  legislature  of  New  Jersey  still  resolved  upon  the  appointment  of  delegates 
to  the  meeting  in  Philadelphia,  and  Silas  Condict  and  Thomas  Fennimore  were 
appointed.  These  Commissioners  afterwards  reported  that  they  had  attended 
the  Convention,  and  after  waiting  near  three  weeks  and  no  Commissioners  ap- 
pearing from  Massachusetts,  Rhode  Island,  or  Virginia,  and  a  majority  present 
being  of  opinion  that  they  could  not  properly  act  unless  all  the  States  mentioned 
in  the  recommendation  were  represented,  they  were  obliged  to  return  without 
doing  any  thing  to  answer  the  object  of  their  appointment,  but  that  afterwards, 
as  they  were  informed,  Commissioners  from  Massachusetts  and  Rhode  Island 
had  attended,  and  that  seven  States  being  represented  they  had  adjourned  to 
meet  at  Philadelphia  in  April.  What  further  action  took  place  is  not  known. 


FINANCIAL    MEASURES.  463 

pendency  of  the  measures  that  had  been  adopted  for  procuring  a 
general  regulation  of  prices,  it  was  thought  necessary  that  new 
enactments  upon  the  subject  should  be  made  by  the  State."  Accor- 
dingly, laws  were  passed  to  prevent  engrossing,  forestalling,  and 
enhancing  the  prices  of  produce,  manufactures,  and  merchandize 
within  the  State,  and  for  limiting  the  prices  of  various  articles,  and 
to  prevent  the  necessaries  of  life  from  being  withheld.13  Nearly 
at  the  same  time  Congress  made  new  calls  upon  the  States  for  the 
redemption  of  the  Continental' bills.  Resolutions  of  Congress 
were  laid  before  the  legislature  of  New  Jersey,  recommending  to 
the  legislatures  of  the  several  States,  to  raise  their  respective 
quotas  of  fifteen  millions  of  dollars,  to  be  paid  into  the  Continental 
treasury  by  monthly  instalments,  from  the  first  day  of  February, 
to  the  first  of  October  ensuing,  and  six  millions  were  to  be  paid 
annually  for  the  eighteen  succeeding  years;  and  the  idea  of  any 
failure  in  the  redemption  of  all  the  engagements  of  the  government, 
"was  still  strongly  resisted.  In  compliance  with  the  requisition, 
the  houses  entered  upon  the  consideration  of  the  amount  necessary 
to  be  raised  for  the  year,  and  it  was  resolved  on  the  20th  of 
November,  that  the  sum  of  nine  millions  of  dollars  should  be 
raised  by  the  ensuing  October.16  Requisitions  were  also  made 
upon  the  State  in  a  different  manner.  The  Governor  transmitted 
a  resolution  of  Congress,  calling  upon_  the  State  for  a  supply  of 
provisions  for  the  use  of  the  army,  and  a  letter  was  also  laid  be- 
fore the  houses  from  the  Commander-in-Chief,  stating  the  alarm- 
ing situation  of  the  army,  and  earnestly  requesting  supplies. 
These  calls  were  answered;  large  supplies  were  furnished,  under 
the  sanction  of  the  State,  but  by  engagements  which  provided  for 

15  A  motion  was  made  to  suspend  the  operation  of  some  of  the  provisions  of 
these  laws,  until  similar  provisions  should  be  adopted  by  the  neighboring  States, 
but  the  motion  was  not  agreed  to.     The  laws  however  were  afterwards  sus- 
pended in  part 

16  The  enormous  sums  ordered  to  be  levied  and  raised  at  this  period,  are  to  be 
considered  according  to  the  value  of  the  currency  at  the  time.     The  nominal 
expenditures  are  also  to  be  judged  by  the  same  standard.    The  bill  for  the  sup- 
port of  the  government  passed  at  this  time,  gave  seven  thousand  pounds  per 
annum  to  the  Governor,  five  thousand  to  the  Chief  Justice,  and  to  the  other 
oflicers  proportionally,  and  these  salaries  were  afterwards  still  farther  increased. 


464  FINANCIAL    MEASURES. 

payment  from  the  Continental  treasury.  These  various  demands, 
and  especially  the  latter,  proved  a  cause  of  no  little  embarrassment 
to  the  people.  They  had  parted  at  this  time,  and  on  similar  occa- 
sions, with  a  large  portion  of  their  produce  to  the  Continental 
Agents,  and  were  principally  paid  in  certificates  which  were  not 
available  for  their  purposes,  and  thus  they  were  rendered  unable 
to  meet  the  requisitions  of  the  State  authorities  for  the  payment  of 
taxes.  Much  difficulty  was  experienced  in  consequence.  Petitions 
were  presented  to  the  legislature  praying  that  some  means  might 
be  devised  for  the  payment  of  the  certificates  they  had  received, 
or  that  these  certificates  might  be  made  a  lawful  tender  in  the 
payment  of  taxes.  By  a  resolution  of  the  1st  of  March,  the  legis- 
lative bodies  determined  that  an  application  should  be  made  to 
Congress,  stating  the  facts  of  the  case,  and  asking  relief,  and  a  full 
representation  was  accordingly  made.17  But,  little  more  was  done 


"  It  was  represented  in  the  address,  "  that  from  the  position  and  operations  of 
the  enemy  since  they  possessed  themselves  of  the  harbor  and  city  of  New  York, 
and  the  adjacent  Islands,  a  very  considerable  proportion  of  the  labour  and  time 
of  the  inhabitants  of  New  Jersey  have  been  employed  in  militia  service,  and  hi 
transporting  the  supplies  of  the  army;  and  for  the  last  two  years  almost  the  whole 
surplus  of  the  produce  and  manufactures  of  the  States,  beyond  a  bare  subsistence 
for  the  inhabitants,  has  been  necessarily  purchased  or  taken,  for  the  use  of  the 
United  States.  That  the  greater  part  of  these  late  and  extensive  supplies  re- 
main unpaid  for;  that  very  large  sums  are  due  from  the  United  States  to  the 
inhabitants  of  this  State  for  transportation,  and  also,  that  from  a  real  or  pre- 
tended want  of  money,  to  satisfy  these  contracts,  the  Continental  Agents  have 
given  certificates  to  the  inhabitants  for  their  respective  demands.  The  want  of 
money  due  on  these  certificates  is  so  much  more  severely  felt  by  the  State,  in- 
asmuch as  in  addition  to  its  sufferings  in  common  with  the  other  States  of  the 
Union,  from  the  effects  of  the  war,  the  inhabitants  have  been  distressed  in  an 
especial  manner,  by  a  great  part  of  the  military  operations  centering  in  the 
State ;  and  also  from  being  unprovided  with  the  means  of  trade,  large  sums  are 
constantly  drawn  from  the  State  for  procuring  clothing  and  articles  of  subsis- 
tance  for  the  troops,  and  ammunition  for  the  militia,  whereby  the  State  is  de- 
prived of  its  proportional  quantity  of  the  circulating  medium.  The  legislature 
of  the  State,  ever  desirous  of  testifying  their  most  ready  compliance  with  the 
requisitions  of  Congress,  as  far  as  the  circumstances  of  the  State  warranted, 
cheerfully  adopted  the  extensive  tax,  lately  recommended  by  them,  with  the 
expectation  of  thereby  supporting  the  sinking  credit  of  the  Continental  currency, 
as  well  as  adding  spirit  and  vigour  to  the  operations  of  the  war;  relying  that 


FINANCIAL    MEASURES.  465 

by  Congress,  and  perhaps  no  more  could  have  been  done,  than  to 
forward  a  resolution  recommending  the  legislature  to  make  pro- 
vision for  the  payment  of  the  dues,  and  to  charge  the  same  to  the 
account  of  the  United  States. 

In  the  midst  of  these  embarrassments  new  efforts  and  new  sacri- 
fices were  required,  and  were  made.  The  campaign  of  1779  had 
been  entirely  negative  in  its  results;  a  kind  of  languor,  (the  con- 
sequence, it  may  be,  of  too  much  reliance  upon  the  treaty  with 
France,)  had  generally  prevailed.18  But  as  the  season  for  new 
operations  approached,  the  Commander-in-Chief  had  represented 
the  state  of  affairs  to  Congress,  and  the  necessity  of  more  vigorous 
action.  He  stated  that  before  the  close  of  June,  1780,  the  term 
of  service  of  nearly  one-half  the  troops  in  his  army  would  expire. 
In  consequence,  Congress  transmitted  a  circular  to  the  States  re- 
quiring that  they  should  furnish,  for  the  ensuing  campaign,  on  or 
before  the  1st  of  April,  their  respective  deficiencies  of  thirty-five 
thousand  men.  This  circular  was  received  by  the  legislature,  and 
also  a  communication  from  the  Commander  in-Chief,  giving  a 
statement  of  the  number  of  troops  in  the  service  belonging  to  the 
State,  the  lime  of  the  expiration  of  their  service,  and  the  number 
of  men  required  according  to  the  resolution  of  Congress.  Another 
resolution  of  Congress  was  also  received,  requiring  the  States 

the  money  for  which  the  inhabitants  might  exchange  their  produce,  would  enable 
them  to  discharge  their  respective  assessments ;  but  a  large  portion  of  the  people 
declare  that  it  is  impossible  for  them  to  pay  the  amount  without  divesting  them- 
selves of  the  necessaries  of  life,  or  receiving  a  part  of  the  money  due  from  the 
United  States.  Affected  by  the  complaints  and  approaching  distress  of  their 
constituents,  the  legislature  are  constrained  to  call  the  attention  of  Congress  to 
their  embarrassed  situation,  and  to  request  that  they  will  take  such  measures  as 
they  in  their  wisdom  may  devise  to  discharge  the  debts  due  to  the  people  of  the 
State,  or  such  proportion  thereof  as  will  enable  them  to  pay  their  taxes  without 
distress  to  their  families." 

18  Although  the  events  of  the  year  1779  had  been  but  little  satisfactory  in  a 
military  point  of  view,  an  advantage  had  been  gained  in  the  union  of  Spain 
with  France,  in  opposition  to  England.  Spain,  however,  maintained  for  a  time 
an  almost  neutral  position  toward  the  United  States.  Their  independence  was 
not  acknowledged,  and  though  Mr.  Jay,  the  American  Minister,  was  allowed  to 
remain,  he  was  not  formally  received.  Yet  indirect  support  was  given,  and  the 
attitude  of  hostility  toward  England  was  not  without  its  effect. 
59 


466  FINANCIAL    MEASURES. 

to  procure  supplies  for  the  ensuing  campaign,  in  articles  and 
quantities  specified.  Compliance  with  these  requisitions  was  by 
no  means  easy  under  the  circumstances  existing  at  the  time,  yet 
the  necessary  measures  were  taken.  An  act  ^was  passed  on  the 
6th  of  March  for  completing  the  quota  of  troops  belonging  to  the 
State,  and  further  regulations  were  also  made  for  procuring  pro- 
visions and  other  supplies  for  the  army. 

So  far  as  the  measures  adopted  by  Congress  and  the  States 
could  reach,  they  were  measurably  successful ;  but  they  failed  to 
effect  a  change  in  the  natural  relation  of  things,  in  regard  to 
monetary  affairs  ;  the  shadow  could  not  be  made  to  continue  with- 
out the  substance,  by  any  enactment  or  efforts.  Congress  con- 
tinued the  issue  of  new  bills,  and  with  every  emission  the  value 
became  less.  The  whole  amount  of  Continental  money  at  the  open- 
ing of  the  year  1780,  exceeded  three  hundred  millions  of  dollars. 
The  calls  upon  the  States  for  the  means  of  redeeming  the  bills 
were  but  very  partially  answered,  because  the  means  were  not  at 
command.  The  legislature  of  New  Jersey,  as  has  been  seen, 
performed  their  duty  in  passing  laws,  and  every  endeavour  was 
used  to  ensure  the  object  in  view  ;  special  appropriations  were 
made  to  meet  particular  demands  as  early  as  should  be  practicable, 
and  the  desire  and  design  of  the  State  to  comply  with  every  re- 
quisition, were  shown  in  the  fullest  manner.  But  the  condition 
of  affairs  was  such  that  prompt  and  full  compliance  was  not  possi- 
ble. Specie  had  been  drawn  to  other  points,  and  even  the  de- 
preciated Continental  bills  which  might  have  been  used  to  an 
extent,  were  not  in  hand,  certificates  having  been  received  in 
large  amounts  instead.  Congress  at  length  became  satisfied  that 
the  amount  of  money  emitted  could  not  be  redeemed  at  its  nomi- 
nal value,  and  on  the  20th  of  March,  1780,  a  resolution  was  passed 
recommending  to  the  States  a  revisal  of  the  laws  called  "  tender 
acts."  It  was  recommended  that  the  Continental  money  should 
be  taken  in  at  the  rate  of  forty  for  one,  and  even  in  this  ratio  the 
redemption  was  to  be  made  in  other  bills.  A  new  issue  was  ad- 
vised, which  was  not  to  exceed  one-twentieth  part  of  the  old  in 
amount;  and  was  to  be  made  on  the  credit  of  the  individual  States  ; 
the  bills  to  be  redeemable  in  specie  in  six  years,  and  to  bear  an 
interest  of  five  per  cent,  payable  also  in  specie ;  but  four-tenths 


FINANCIAL    MEASURES.  467 

of  the  whole  amount  was  to  be  subject  to  the  order  of  Congress, 
and  the  whole  to  be  guarantied  by  Congress. 

Measures  were  adopted  by  the  legislature  for  carrying  the  new 
plan  into  operation.      On  the  30th  of  May  an  enactment  was  made 
for  establishing  a  fund  for  sinking  and  redeeming  the  bills  of  credit 
of  the  United  States ;  and  soon  afterwards  another  was  passed  to 
repeal  the  former  act  declaring  the  value  of  the  Continental  money, 
and  to  explain  and  amend  the  act  making  the  same  a  legal  tender. 
The  bills  were  continued  a  lawful  tender  in  the  proportion  above 
stated,  and  no  further  abatement  was  to  be  allowed  in  any  con- 
tracts.    Two  hundred  and  twenty-five  thousand  pounds  was  au- 
thorized to  be  struck  in  the  new  bills.     But  this  new  scheme  of 
finance,  although  it  gave  a  momentary  check  to  the  tendencies  of 
the  time,  brought  no   permanent  relief.     The  credit   of  the  new 
bills   depreciated  after  a  short  time,  so   as   to  approach  the  level 
of    the    old,   and    hence   the   exchange  of  the   old   money   was 
scarcely  desired  ;  and  beside  this,  in  New  Jersey,  the  amount  of 
Continental   money  to   be   exchanged   was   comparatively   small, 
owing  to  the  large  sums  held  in  certificates.     The  whole  sum  in 
new  bills  authorized  by  the  legislature,  was  not  issued,   and  the 
Continental  money,  both  in  New  Jersey,  and  elsewhere,  gradually 
perished  in  the  hands  of  the  holders.     A  crisis  in  the  monetary 
affairs  of  the  country  was  at  hand.     "  Our  financial  concerns," 
«aid  Washington,  "are  in  an  alarming  state  of  derangement;  the 
public  credit  is  almost  arrived  at  its  last  stage."     The  military 
operations   of   the   season,    too,  were   far  from   fortunate.     The 
southern  States,  which  at  this  period  were  the  principal  theatre  of 
conflict,  suffered  extremely;    South  Carolina  and  Georgia  were 
almost  reduced,  their  principal  cities  being  taken  and  held  by  the 
enemy.     In  the  north,  nothing  had  occurred  that  could  give  much 
relief  to  the  picture,  whilst  a  deep  and  dark  shade  had  been  thrown 
upon  it,  by  the  treason  of  Arnold.19 

19  The  attempt  of  Arnold  to  surrender  West  Point  was  made  in  September, 
1780. 


CHAPTER  XXIIL 


FINANCIAL   CRISIS. SUCCESSES  OF  THE  AMERICANS. CLOSE    OF   THE 

WAR. — THE    FEDERAL    GOVERNMENT. NEW  STATE  CONSTITUTION". 


A  new  legislature  convened  in  New  Jersey  in  October,  1780. 
Governor  Livingston  was  again  re-elected  to  office.  General  de- 
pression existed  at  this  period.  The  Continental  money  was  scarce- 
ly available  for  any  purpose,  and  was  soon  afterwards  entirely  with- 
drawn from  circulation.1  The  credit  of  the  bills  lately  issued  was 
doubtful,  and  the  large  amount  held  by  the  people  of  the  State  in 
certificates,  lay  wholly  useless  in  the  hands  of  the  holders.  At 
the  same  time  a  considerable  portion  of  the  northern  army  was 
again  stationed  in  the  State,  and  continual  demands  were  made 
for  supplies,  and  the  enemy  being  in  force  on  the  borders,  unceas- 
ing vigilance  as  well  as  increased  exertions  were  required,  to  pre- 
vent incursions.  From  these  several  circumstances  the  strength 
and  resources  of  the  State  became  greatly  reduced  ;  beside  the  de- 
ficiency in  pecuniary  means,  there  was  an  absolute  scarcity  of 
many  articles  of  supplies.  In  no  portion  of  the  entire  country  did 
the  pressure  of  the  war  fall  more  heavily  than  in  New  Jersey,  and 
this  was  one  of  the  darkest  periods  of  the  struggle.  At  this  time 
too,  a  disposition  was  shown  in  some  of  the  other  States,  or  at 
least  in  one,  to  make  a  special  appropriation  of  means  which  were 
claimed  to  belong  to  the  country  at  large,  and  which  were  looked 
to  as  a  means  of  final  relief.  Of  this  course  New  Jersey  justly 
complained,  and  it  was  deemed  proper,  and  was  resolved  that  an 


1  An  act  was  passed  on  the  2d  of  January,  1781,  for  ascertaining  the  value  of 
the  Continental  money,  in  the  payment  of  debts,  and  for  taking  the  same  out  of 
circulation. 


FINANCIAL    CRISIS.  469 

appeal  upon  the  subject  should  be  made  to  Congress.2  But  the 
State  authorities  applied  themselves  with  earnestness,  to  devising 
measures  for  the  removal  of  existing  difficulties,  and  for  sustaining 
the  efforts  of  the  country.  A  resolution  of  the  4th  of  November 


2  "  Representation  and  remonstrance  of  the  Legislative  Council  and  General 
Assembly  of  the  State  of  New  Jersey. 

"  That  the  Legislature  of  this  State  did,  by  their  representation  dated  the  1 6th 
day  of  June,  1778,  which  was  read  in  Congress,  and  entered  on  their  journals 
on  the  25th  of  the  same  month,  make  sundry  objections  to,  and  propose  cor- 
respondent alterations  in  the  articles  of  confederation  proposed  by  Congress  to 
the  several  States  in  Union.  That  though  a  majority  of  said  States  in  Con- 
gress did  not  agree  to  the  said  alterations,  nevertheless,  urged  by  the  then  criti- 
cal state  of  public  affairs,  and  particularly  by  the  circular  letter  of  Congress 
dated  the  10th  of  July,  of  the  same  year,  the  Legislature  did,  by  an  act  of  the 
20th  of  November  following,  an  exemplification  of  which  was  read  in  Con- 
gress, and  entered  on  the  25th  of  the  same  month,  empower  the  delegates  of 
the  State  to  subscribe  the  said  articles  of  confederation.  That  avoiding  unne- 
cessary repetitions,  they  beg'  leave  in  the  most  earnest  and  explicit  manner,  to 
call  the  attention  of  Congress  to  these  several  records,  as  from  them  it  is  clearly 
understood  in  what  confidence  this  State  waived,  for  the  time,  their  just  pre- 
tensions, described  in  the  sixth  article  of  the  representation  before  mentioned, 
and  postponed  every  private  consideration,  to  the  happiness  and  perfection  of 
the  Union,  well  convinced  that  the  time  could  not  be  far  distant,  when  every 
partial  ajid  unfounded  claim  would  be  equitably  and  satisfactorily  relinquished. 
That  they  saw  with  the  utmost  surprise,  an  office  opened  by  the  Common- 
wealth of  Virginia,  for  the  sale  and  disposal  of  lands,  which,  before  and  at  the 
commencement  of  the  present  war,  were  confessedly  vested  in  the  crown  of 
Great  Britain,  when  on  the  plainest  principles  of  the  law  of  nations,  of  reason, 
truth  and  justice,  they  are  become,  by  the  revolution,  vested  in  Congress,  for 
the  use  of  the  federal  republic  they  represent.  That  it  is  the  indispensable 
duty  of  the  Legislature,  in  justification  and  defence  of  the  rights  of  the  people, 
to  except  and  remonstrate  in  the  most  pointed  terms,  against  the  disposition  of 
any  property  under  the  foregoing  description,  for  the  emolument  of  any  State. 
That  they  acknowlege  no  tribunal  but  that'of  Congress  competent  to  the  re- 
dress of  such  a  grievance  as  the  setting  up  ,by  any  State,  of  an  exclusive  claim 
to  any  of  the  said  lands,  in  whatever  part  of  the  Union  they  may  be  situated  ; 
and  they  see  with  pleasure,  in  the  proceedings  of  Congress  of  the  16th  of  Sep- 
tember and  the  8th  of  October  last,  (this  representation  was  made  on  the  29th 
of  December,  1780,)  the  faithful  and  generous  efforts  made  by  that  honorable 
body  to  compromise  and  adjust  differences  upon  this  subject,  and  have  the  full- 
est hopes  that  they  will  be  effectual.  That  it  is  the  habitual  predilection  of 


470  FINANCIAL    CRISIS. 

was  received  from  Congress  recommending  to  the  States  to  raise 
their  respective  quotas  of  six  millions  of  dollars,  to  be  partly  paid 
in  specific  articles,  which  were  enumerated,  and  the  remainder  in 
specie,  or  in  the  State  bills  recently  emitted.  Accordingly,  a  law 
was  passed  for  raising  by  assessments  the  sum  of  one  hundred 
and  fifty  thousand  pounds,  in  money  and  other  supplies.  The  levies 
ordered  for  providing  supplies  were  to  be  made  according  to  the 
condition  and  means  of  the  several  parts  of  the  country  ;  most  rigid 
regulations  were  also  adopted  to  prevent  an  illicit  traffic  in  pro- 
visions, with  the  enemy.3  Every  means  was  resorted  to,  to  im- 
prove and  establish  the  public  finances.  In  order  to  preserve  the 
dredit  of  the  bills  that  had  recently  been  issued  by  the  State,  a 
change  was  made  in  the  law  directing  their  exchange  for  old 
money,4  and  a  new  emission  of  bills  of  credit  was  ordered  amount- 
ing to  thirty  thousand  pounds.  The  petitions  to  Congress  asking 
that  the  certificates  held  by  the  people  of  the  State  should  be  re- 


this  State  that  all  causes  of  complaint,  jealousy,  and  contest,  not  only  upon  this, 
but  upon  every  other  subject,  should  subside  under  the  conciliating  influence  of 
equity,  moderation,  and  liberal  affections,  and  that  it  may  never  become  just  to 
entertain  a  thought  of  resorting  to  other  means.  Confiding,  therefore,  in  the 
watchful  care,  the  wisdom,  the  justice  and  firmness  of  Congress,  they  assure 
themselves  that  the  republic  will  be  secured  against  detriment,  and  the  rights  of 
every  State  in  the  Union  strictly  maintained." 

3  Some  of  the  inhabitants  of  the  State,  who  were  disaffected  or  cold  to  the 
American  cause,  and  others  who  were  tempted  by  the  opportunity  of  obtaining 
money  which  could  scarcely  be  elsewhere  procured,  continued  to  sell  provisions 
to  the  enemy,  whilst  the  American  army  was  in  the  greatest  want.     A  strong 
enactment  was  passed  to  prevent  the  practice. 

4  The  continued  depreciation  of  the  Continental  money  changed  the  relative 
value  of  the  currencies,  and  an  alteration  of  the  law  became  necessary  in  order 
to  prevent  the  new  bills  from  being  carried  down  by  a  fixed  connexion  with  the 
old.     Hence  an  enactment  was  made  directing  that  the  proportion  between  the 
State  bills  and  the  Continental  money  should  be  the   same  as  between  the  latter 
and  gold  and  silver,  and  the  legislature  resolved,  "  that  they  were  determined  to 
redeem  at  full  value  of  gold  or  silver,  all  and  every  of  the  bills  issued  on  the 
faith  of  the  State."     But  notwithstanding  this  enactment  and  resolution,  the 
State  bills  depreciated  in  value,  and  petitions  were  presented  setting  forth  the 
injury  that  was  done  by  keeping  them  a  legal  tender,  and  hence  on  the  13th  of 
June,  1781,  the  act  making  them  a  legal  tender  was  repealed.     In  December, 
1782,  a  resolution  was  adopted  to  take  them  out  of  circulation. 


FINANCIAL    CRISI3.  471 

deemed,  or  that  they  might  be  received  in  exchange  for  Slate  bills, 
or  used  in  the  purchase  of  supplies  for  the  army,  not  having  been 
successful,  they  were  made  receivable  into  the  State  treasury  in 
payment  of  taxes,  and  much  relief  was  thus  given  to  the  people. 
An  arrangement  was  made  with  the  troops  in  the  Continental 
service,  agreeing  upon  the  amount  of  their  dues  according  to  a 
scale  of  depreciation  which  corresponded  with  the  value  of  the 
currency  at  the  several  periods,  and  an  enactment  was  made  for 
securing  the  payment  of  the  amount  agreed  upon.  To  ensure  the 
enlistment  of  the  forces  required  of  the  State,  an  act  was  passed 
to  raise  a  fund  by  loan  for  discharging  the  bounty  to  be  paid  to  the 
troops.  Provision  was  also  made  designed  to  secure  the  more  pro- 
fitable use  of  confiscated  estates.5 

By  these  several  measures,  the  State  was  enabled  to  maintain 
its  position.  The  efforts  made  by  the  Continental  government 
were  also  successful  in  bringing  relief;  upon  the  failure  of  the 
general  currency,  Congress  was  obliged  to  resort  to  other  expedi- 
ents. As  the  means  of  the  country  were  so  far  exhausted  that 
adequate  and  seasonable  returns,  from  any  mode  of  demand  upon 
the  States,  were  not  to  be  expected,  recourse  was  had  to  loans 
from  abroad.  For  this  purpose  application  was  made  to  the  King 
of  France.  In  November,  1780,  a  letter  was  addressed  to  his 
Majesty  by  Congress,  in  which  they  represented  the  embarrassed 
situation  of  affairs ;  and  Franklin,  the  American  Minister,  was  in- 
structed to  use  his  utmost  endeavours  to  procure  the  necessary 
aid.  In  December,  Congress  were  induced  by  the  pressing  neces- 
sities of  the  period,  to  send  a  special  Minister  to  France,  and  Col. 
John  Laurens,  one  of  the  aids  of  General  Washington,  was  ap- 
pointed. Before  his  arrival,  promises  of  assistance  had  been  given, 
but  the  earnestness  of  the  new  envoy  excited  to  movements  more 
answerable  to  the  urgency  of  the  occasion.  A  subsidy  of  six 
millions  of  livres  was  furnished  by  his  Majesty,  and  an  additional 


s  The  sales  of  the  confiscated  estates  had  been  numerous,  and  the  nominal 
amount  of  the  proceeds  large,  yet  as  the  receipts  had  mostly  been  in  Continental 
money,  which  was  constantly  depreciating,  the  benefit  to  the  State  was  much 
reduced.  The  present  enactment  provided  for  a  temporary  suspension  of  sales 
and  for  a  special  appropriation  of  the  issues  from  the  estates. 


472  FINANCIAL   CRISIS. 

sum  by  way  of  loan.  Applications  of  a  similar  kind  were  made 
in  Holland,  and  through  the  exertions  of  Adams,  a  loan  of  ten 
millions  of  livres  was  obtained  in  that  country,  the  French  King 
generously  engaging  to  become  responsible  for  the  amount.  Ap- 
plications for  aid  from  Spain  were  not  successful.6  For  the  better 
administration  of  public  affairs,  Congress  also  resolved  upon  the 
establishment  of  distinct  departments.  The  department  of  Foreign 
Affairs  was  assigned  to  a  particular  officer,  as  were  also  those  of 
War  and  the  Marine,  and  an  office  was  established  for  the  general 
direction  of  the  finances  of  the  country.  The  latter  place  was 
given  to  Robert  Morris,  an  eminent  merchant  and  financier,  who 
applied  himself  with  the  greatest  diligence  and  energy  to  the  dis- 
charge of  his  duties,  and  was  thus  enabled,  together  with  an  un- 
sparing use  of  his  personal  credit,  to  contribute  in  a  great  degree 
toward  relieving  the  pressure  of  the  time.  Beside  the  aid  received 
from  abroad,  the  regulations  that  were  made  by  Congress  for 
reaching  their  domestic  resources,  were  not  wholly  unavailing  ;  the 
demands  for  specific  supplies  were  mostly  complied  with,  as  were 
also  the  requisitions  for  money,  in  such  kinds  and  amounts  as  the 
States  were  able  to  command.  A  resolution  was  also  passed  by 
Congress,  recommending  that  authority  should  be  given  to  that 
body  to  lay  a  duty  of  five  per  cent,  ad  valorem  on  goods  imported.7 
By  these  measures  the  government  was  enabled  to  conduct  the 
country  through  the  threatening  crisis  in  its  affairs,  although  the 
relief  obtained  was  not  in  time  to  prevent  the  occurrence  of  much 
distress,  and  also  of  some  disorder.  In  the  course  of  the  year 
1780,  great  distress  was  experienced  in  the  army  from  the  want  of 
proper  supplies,  and  toward  the  close  of  the  season  the  impatience 


6  Spain  would  only  grant  assistance  upon  condition  that  the  Americans  would 
relinquish  all  claim  to  the  navigation  of  the  Mississippi,  a  demand  which  was 
positively  refused. 

7  This  movement  is  mentioned,  not  that  it  proved  an  availing  measure  of 
revenue  at  the  time,  but  as  marking  the  origin  of  a  course  of  policy  afterwards 
fully  pursued.    The  resolution  was  adopted  by  Congress  on  the  3d  of  February, 
1781,  and  on  the  3d  of  June  the  Assembly  of  New  Jersey  passed  an  act  "  to 
enable  the  Congress  of  the  United  States  to  levy  duties  of  five  per  cent,  ad  val- 
orem, on  certain  goods  and  merchandize  imported  into  this  State,  and  on  prizes 
and  prize  goods,  and  for  appropriating  the  same." 


SUCCESSES    OF    THE    AMERICANS.  473 

of  some  of  the  troops  broke  out  into  actual  revolt.8  Yet  this  evil 
was  soon  arrested,  and  the  result  of  the  exertions  that  have  been 
noticed,  was  the  eventful  campaign  of  1781. 

The  opening  of  this  year  presented  a  prospect  by  no  means 
favorable  to  the  American  cause.  The  measures  adopted  by  Con- 
gress and  the  States,  for  the  removal  of  existing  difficulties,  were 
either  in  progress,  or  had  not  yet  been  productive  of  their  full 
effects.  The  number  of  troops  in  the  field  was  greatly  below  the 
demands  that  had  been  made,  and  those  that  had  actually  engaged 
were  but  very  scantily  and  poorly  provided  for.  The  clothing 
and  other  articles  of  supplies  that  had  been  purchased  abroad  had 
not  arrived,  and  the  articles  procured  by  levies  in  the  States  were 
not  readily  collected.  But  a  gradual  improvement  in  affairs  took 
place.  Washington,  in  conjunction  with  the  forces  from  France, 
was  enabled  to  threaten  the  army  commanded  by  Clinton  in  New 
York,  whilst  Cornwallis  was  successfully  resisted  in-  the  south. 
Somewhat  apprehensive  of  an  attack  upon  himself,  and  perhaps 
despairing  of  further  successes  at  the  south,  the  British  Comman- 
der was  desirous  of  a  greater  concentration  of  his  forces,  and  ac- 


8  It  required  a  high  feeling  of  patriotism  to  sustain  the  army  amidst  the  priva- 
tions they  were  obliged  to  undergo,  and  at  this  time  when  the  pay  and  the  sup- 
plies of  the  troops  had  so  nearly  failed,  it  is  not  surprising  that  some  discontent 
should  have  been  shown.  In  addition  to  the  general  causes  of  dissatisfaction,  the 
troops  of  the  Pennsylvania  line  had  an  especial  cause  of  complaint.  They  had 
been  enlisted'  for  "  three  years,  or  during  the  war,"  and  they  conceived  that  their 
engagement  was  fulfilled  at  the  close  of  the  three  years,  which  terminated  in 
1780,  whilst  the  officers  insisted  that  they  might  still  be  detained,  as  the  war 
yet  continued.  On  the  night  of  the  1st  of  January,  a  general  revolt  of  this  line 
took  .place,  the  soldiers  declaring  that  they  would  march  in  a  body  to  Congress 
and  demand  relief;  but  during  their  march,  an  accommodation  was  effected  by 
which  a  number  of  the  troops  were  allowed  to  depart,  tnd  the  arrearages  of  pay 
secured  to  them.  On  the  20lh  of  January  a  small  part  of  the  Jersey  line  (among 
whom  however  were  many  foreigners)  attempted  a  similar  movement,  but  such 
measures  were  taken  as  brought  them  to  speedy  and  full  submission.  These 
occurrences  served  not  only  to  make  known  the  difficulties  that  existed  in  the 
American  army,  but  to  exhibit  the  character  of  the  enemy.  They  endeavoured 
to  take  .advantage  of  the  revolt,  by  making  the  most  seductive  offers  to  th£  troops, 
but  though  the  latter  were  dissatisfied,  they  were  not  traitors,  and  indignantly 
rejected  the  proposals  that  were  made  to  them. 
GO 


474  SUCCESSES    OF    THE    AMERICANS. 

cordingly  issued  orders  calling  Cornwallis  to  a  nearer  point, 
directing  that  he  should  establish  himself  at  Point  Comfort,  and 
thus  secure  an  opportunity  for  a  movement  by  sea,  as  occasion 
might  offer,  or  require.  Disliking  the  position  selected  by  his 
superior,  Cornwallis  fixed  upon  Yorktown,  and  in  August  fortified 
himself  at  that  place.  At  this  period,  his  Majesty  of  France,  in 
addition  to  the  aid  already  furnished  to  America,  had  despatched 
a  fleet,  commanded  by  the  Count  De  Grasse,  to  the  American 
coast;  and  Washington  finding  that  this  force  was  to  enter  the 
Chesapeake,  conceived  the  design  of  making  a  hasty,  movement 
from  before  New  York,  and  advancing  against  Cornwallis,  whose 
escape  by  sea  would  be  prevented  by  De  Grasse.  This  design 
was  executed  with  such  exactness  that  the  French  fleet  and  the 
American  army  reached  the  point  of  operation  almost  at  the  same 
time ;  and  the  movement  was  carried  on  with  such  celerity  that 
Clinton,  at  New  York,  was  not  apprised  of  the  attempt,  until  it 
was  too  late  for  any  effectual  measures  to  prevent  it.  Cornwallis, 
intercepted  by  sea  and  invested  t>y  land,  after  various  unsuccess- 
full  attempts  at  defence  or  escape  was  forced  to  surrender.  On 
the  19th  of  October  articles  of  capitulation  were  agreed  upon,  and 
the  entire  army  was  given  up. 

The  capture  of  Cornwallis  convinced  the  British  nation  that 
America  was  not  to  be  subjugated,  and  a  disposition  toward  an 
accommodation  was  soon  afterwards  shewn.  Parliament  convened 
on  the  21st  of  November,  1781,  and  though  the  speech  from  the 
Throne,  and  the  reply  from  the  Houses,  were  still  somewhat 
haughty  and  hostile  in  tone,  yet  soon  afterwards  an  address  was 
moved  by  General  Conway,  in  the  House  of  Commons,  which 
declared  "  that  it  was  the  opinion  of  this  House  that  the  farther 
prosecution  of  offensive  war  on  the  Continent  of  North  America 
for  the  purpose  of  feducing  the  revolted  colonies  to  obedience  by 
force,  would  be  the  means  of  weakening  the  efforts  of  this  country 
against  her  European  enemies,  and  tend,  under  the  present  cir- 
cumstances, dangerously  to  increase  the  mutual  enmity  so  fatal  to 
the  interests  both  of  Great  Britain  and  America."  This  motion 
was  carried,  and  an  address  in  pursuance  thereof  was  presented  to 
the  King.  In  reply,  his  Majesty  assured  the  House  that  he  should 
take  "such  measures  as  should  appear  to  be  most  conducive  to 


SUCCESSES    OF    THE    AMERICANS.  475 

the  restoration  of  harmony  between  Great  Britain  and  her  revolted 
colonies,  so  essential  to  the  prosperity  of  both."  Very  soon  after- 
wards a  new  administration  was  formed,  composed  of  persons 
who  were  favorable  to  measures  of  peace,  and  at  an  early  period 
an  envoy  was  sent  to  France,  to  open  a  communication  with  the 
French  Court,  and  the  American  Minister. 

But  the  Americans  did  not  fail  in  the  meanwhile  to  pursue 
the  advantages  they  had  gained.  Congress  proceeded  to  adopt 
measures  for  the  prosecution  of  a  new  campaign  ;  calling  upon 
the  States  for  their  respective  quotas  of  men  and  money.9  The 
Superintendent  of  Finances  had  brought  the  affairs  of  his  depart- 
ment into  order,  and  had  reduced  the  public  expenditures.  In  the 
course  of  the  season  he  had  projected  a  National  Bank  as  a  further 
means  of  relief;  the  plan  he  proposed  was  approved  by  Congress, 
and  in  December,  1781,  an  act  of  incorporation  was  granted,  the 
body  to  take  the  name  of  "  The  President  and  Directors  of  the  Bank 
of  North  America."  The  bills  of  the  bank  were  to  be  receivable 
in  payment  of  all  taxes,  duties,  and  debts  due  to  the  United  States. 
A  trade  which  had  yielded  considerable  profits,  was  now  carried 
on  with  the  West  Indies,  and  capitalists  came  forward  and  invested 
their  means  in  the  new  stock;  the  bank  was  established  and  di- 
rectly went  into  operation.  Important  and  most  seasonable  aid 
was  thus  afforded. 

A  new  legislature  was  chosen  in  New  Jersey  in  October,  and 
the  bodies  convened  at  the  usual  period.  The  long  tried  Gover- 
nor was  continued  in  his  place.  The  requisition  of  Congress  for 
the  payment  of  the  quota  of  eight  millions  of  dollars  required  of 
the  State,  was  received,  together  with  a  resolution  of  Congress 
that  no  certificates  could  be  taken  in  the  amount.10  In  the  de- 


8  Eight  millions  of  dollars  in  specie  was  required  from  the  States. 
10  Continental  certificates  had  been  received  in  the  State  in  payment  of  taxes, 
and  the  amount  thus  taken  together  with  such  sums  as  might  still  remain  in 
certificates  in  the  hands  of  individuals,  formed  a  debt  due  from  the  Continental 
treasury.  But  this  debt  was  not  allowed  as  any  offset  at  this  time,  Congress 
requiring  the  payment  of  specie,  a  requisition  which  though  necessary  under  the 
circumstances  of  the  time,  was  by  no  means  easily  complied  with.  A  new  re- 
presentation earnestly  requesting  that  provision  should  be  made  for  the  settle- 
inent  of  these  certificates,  had  just  been  made  by  the  legislature. 


476  CLOSE    OF    THE    WAR. 

pressed  situation  of  affairs  which  then  existed,  it  was  not  deemed 
advisable  entirely  to  exclude  certificates  in  the  payment  of  taxes, 
and  a  bill  was  passed  for  raising  one  hundred  and  fifty  thousand 
pounds  in  money  and  certificates.11 

Beside  the  appropriation  of  means  according  to  the  utmost  abili- 
ty of  the  State,  the  authorities  contributed  also  by  their  declara- 
tions, to  sustain  the  position  and  efforts  of  the  country.  On  the 
4th  of  May,  1782,  they  adopted  resolutions  noticing  the  bill  which 
had  been  brought  into  Parliament  to  enable  the  King  to  conclude 
a  peace  or  truce  with  the  United  States,  under  the  description  of 
the  revolted  colonies.  They  declared,  "  that  we,  the  legislature 
of  this  State,  are  determined  to  exert  the  power  of  the  State  to  en- 
able Congress  to  support  the  National  Independence  of  America, 
and  that  whoever  shall  attempt  any  pacification  between  these 
States  and  Great  Britain,  expressing  or  implying  the  least  subor- 
dination or  dependence  of  the  United  States  to  or  upon  Great 
Britain,  or  shall  presume  to  make  any  separate  or  partial  conven- 
tion or  agreement  with  any  person  acting  under  the  Crown  of 
Great  Britain,  ought  to  be  treated  as  an  open  and  avowed  enemy. 
That  although  peace  upon  honorable  terms  is  an  object  truly  de- 
sirable, yet  that  war,  with  all  the  calamities  attending  it,  is  incom- 
parably preferable  to  national  dishonor  and  vassalage,  and  that  no 
event,  however  disastrous,  ought  to  induce  us  to  violate  in  the 
least  degree  our  connexion  with  our  great  and  generous  ally. 
That  the  legislature  will  maintain,  support,  and  defend  the  so- 
vereignty and  independence  of  this  State  with  their  lives  and 
fortunes,  and  will  exert  the  power  thereof  to  enable  Congress  to 
prosecute  war  until  Great  Britain  shall  remove  all  claim  of  so- 
vereignty over  these  United  States,  and  until  their  independence 
shall  be  formally  or  tacitly  assured  by  a  treaty  with  Great  Britain, 
France,  and  the  United  States,  which  alone  can  terminate  the  war." 

It  was  fortunate  both  in  view  of  the  interests  of  humanity,  and 
also  of  the  necessities  of  the  country,  that  the  struggle  to  secure 


"  The  houses  resolved  that  the  Treasurer  should  pay  to  the  order  of  the 
Superintendant  of  Finance  so  much  of  the  specie  directed  to  be  raised  by  this 
act,  as  should  be  called  for  from  time  to  time,  so  that  the  whole  amount  paid, 
should  not  exceed  the  sum  of  fifty  thousand  pounds. 


.    CLOSE    OF    THE    WAR.  477 

the  object  in  view,  was  not  much  longer  protracted.  No  hostile 
operations  of  importance  were  afterwards  entered  upon.  Nego- 
tiations in  Europe  on  the  subject  of  a  treaty  of  peace  were  active- 
ly commenced,  which  were  conducted  on  the  part  of  the  Americans 
by  Franklin,  Adams,  Jay,  and  Laurens.  Difficulties  were  ex- 
perienced by  the  American  negotiators  on  account  of  the  rela- 
tions in  which  they  were  placed  by  the  alliance  with  France,  and 
the  instructions  they  had  received  relating  to  a  concert  of  action 
with  that  government.  But  finally  (without  the  perfect  concur- 
rence of  his  Majesty  of  France,)  a  provisional  treaty  was  made 
between  Great  Britain  and  the  United  States,  and  was  signed  on 
the  3dth  of  November,  1782.  This  however,  was  not  to  take 
effect  until  peace  should  be  concluded  between  Great  Britain  and 
France.  But  on  the  20th  of  January  preliminary  treaties  between 
Great  Britain,  France,  and  Spain  were  settled  and  signed.  The 
restoration  of  peace  being  thus  ensured,  Congress  on  the  llth  of 
April,  1783,  proclaimed  a  cessation  of  hostilities,  and  on  the  15th 
of  the  same  month  formally  ratified  the  treaty.12 

The  conclusion  of  the  war  was  the  cause  of  the  greatest  rejoic- 
ing throughout  America. .  The  event  was  communicated  to  the 
legislature  of  New  Jersey  by  Governor  Livingston  on  the  19th  of 
May,  1783.  He  said  that  "Providence  having  been  pleased  to 
terminate  the  late  war  in  a  manner  so  honorable  and  advantageous 
to  America,  I  most  heartily  congratulate  you  on  the  auspicious 
event;  but  let  us  not  flatter  ourselves  that  because  the  war  is  over 
our  difficulties  are  at  an  end.  The  advantages  to  be  expected 
from  the  establishment -of  our  independence  will  greatly  depend 
upon  our  public  measures,  and  a  conduct  suitable  to  so  important 
a  blessing.  Perhaps  at  no  particular  moment  during  our  conflict 
with  Great  Britain,  has  there  been  a  greater  necessity  than  at  the 
present  juncture  for  unanimity,  vigilence  and  exertion.  The  glory 
we  have  acquired  in  the  war  will  be  resounded  through  the  uni- 
verse. God  forbid  thaf  we  should  ever  tarnish  it  by  any  un- 

nThe  definitive  treaties  between  Great  Britain,  France,  and  Spain  were 
signed  on  the  3d  of  September,  1783,  and  at  the  same  time  the  definitive  treaty 
between  Great  Britain  and  the  United  States,  and  the  latter  was  ratified  by 
Congress  on  the  14th  of  January,  1784.  Pitkin,  vol.  2,  p.  153. 


478  CLOSE    OF    THE    WAR. 

worthy  conduct  in  times  of  peace.  We  have  established  our 
character  as  a  brave  people,  and  exhibited  to  the  world  the  most 
incontestible  proofs  that  we  are  determined  to  sacrifice  both  life 
and  fortune  in  defence  of  our  liberties.  Heaven  has  crowned  our 
victories  and  heroic  struggles  with  the  most  signal  success,  and 
our  military  exploits  have  astonished  the  world.  Let  us  now 
show  ourselves  worthy  of  the  inestimable  blessings  of  freedom  by 
an  inflexible-  attachment  to  public  faith  and  national  honor.  Let 
us  establish  our  character  as  a  sovereign  State,  on  the  only  dura- 
ble basis  of  impartial  and  universal  justice ;  for  whatever  plausible 
sophistry  the  artful  may  contrive,  or  the  avaricious  be  ready  from 
self  interested  motives  to  adopt,  we  may  depend  upon  it,  that  the 
observation  of  the  wise  man  will,  through  all  ages  be  found  an  in- 
controvertible truth,  that  righteousness  exalteth  a  nation,  but  that 
sin  (of  which  injustice  is  one  of  the  most  aggravated,)  is  the  re- 
proach of  any  people." 

The  long  contest  now  concluded  had  been  conducted  under 
great  disadvantages  and  difficulties.  At  the  commencement,  no 
Continental  government  existed,  and  consequently  no  general  pro- 
vision had  been  made,  and  the  government  afterwards  formed,  was 
so  imperfect  in  its  character  that  proper  regulations  and  provisions 
if  adopted,  were  frequently  not  observed.  Beside  this,  the  in- 
experience of  the  government  and  of  the  people,  together  with 
the  pressing  necessities  of  the  time,  led  to  an  extension  of  engage- 
ments beyond  the  resources  of  the  country;  hence  extreme  pecu- 
niary embarrassment  and  great  pecuniary  loss,  were  added  to  the 
numerous  evils  always  incident  to  a  state  of  war.  By  the  depre- 
ciation and  final  sinking  of  the  currency,  not  only  was  the  action 
of  the  government  impeded,  but  thousands  of  the  people  were 
injured,  and  many  were  entirely  ruined. 

To  meet  existing  obligations  and  make  adequate  provison  for 
the  future,  were  now  the  objects  to  be  mainly  regarded.  The 
whole  expense  of  the  war  was  estimated  at  one  hundred  and 
thirty-five  millions  of  dollars,  including  the  specie  value  of  the  bills 
advanced  from  the  Continental  treasury,  reduced  according  to  an 
established  scale  of  depreciation.  The  whole  amount  of  the  debt 
of  the  United  States,  in  1783,  was  estimated  at  forty-two  millions, 
eight  millions  of  which  arose  from  foreign  loans,  and  the  remainder 


CLOSE    OF    THE    WAR.  479  . 

was  due  to  American  citizens.  Obligations  of  a  special  character 
had  also  been  formed  in  making  provision  for  the  officers  and 
soldiers  who  had  been  engaged  in  the  war.  These  classes  had 
suffered  the  greatest  hardships,  not  merely  in  their  particular 
services,  but  from  the  want  of  proper  supplies,  and  the  tardy  and 
imperfect  compensation  they  had  received.  To  satisfy  in  some 
degree  the  complaints  that  were  made  to  Congress  and  the  Com- 
mander-in-Chief,  the  latter  recommended  a  half  pay  establishment. 
Accordingly,  in  May,  1778,  Congress  granted  half  pay  for  seven 
years  to  all  who  should  continue  in  service  during  the  war,  and  a 
similar  grant  was  afterwards  made  to  the  widows  or  orphans  of 
such  as  had,  or  should  die  in  the  service.  In  1780,  a  grant  of  half 
pay  for  life  was  granted  to  the  officers;  but  this  was  finally  changed 
to  five  years  full  pay. 

Measures  were  taken  by  Congress  to.  meet  the  present  exigen- 
cies of  the  time.  On  the  18th  of  April,  1783,  they  declared  that 
it  was  indispensably  necessary  to  the  restoration  of  public  credit 
and  to  the  discharge  of  the  public  debts,  to  vest  Congress  with 
power  to  levy  certain  specified  duties  on  wines,  teas,  pepper, 
sugar,  molasses,  cocoa,  and  coffee,  and  a  duty  of  five  per  cent, 
ad  valorum  on  all  other  imported  goods.13  The  States  were  also 
required  to  establish  revenues  in  such  manner  as  they  should 
judge  convenient  for  supplying  their  respective  quotas  of  one 
million  and  a  half  of  dollars  annually,  exclusive  of  imports.  Con- 
gress urged,  in  the  strongest  manner,  a  compliance  with  these  de- 
mands, appealing  to  the  gratitude  and  pride,  as  well  as  the  justice 
and  plighted  faith  of  the  nation.  The  legislature  of  New  Jersey 
resolved,  that  the  address  and  recommendation  of  Congress  should 
be  printed  and  distributed  throughout  the  State.  On  the  llth  of 
June  an  act  was  passed  "  to  authorize  the  United  States  in  Con- 
gress assembled,  to  levy  a  duty  on  certain  goods  and  merchandize 
imported  into  this  State  from  any  foreign  port,  island,  or  planta- 
tion," and  nearly  at  the  same  time,  an  enactment  was  made  for 
raising  the  sum  of  ninety  thousand  pounds  by  taxation  for  the 


"  It  was  proposed  that  these  duties  should  continue  for  twenty-five  years,  and 
to  he  applied  solely  to  the  payment  of  the  principal  and  interest  of  the  public 
debt. 


480  CLOSE    OF    THE    WAR. 

exigencies  of  the  year  1783.  But  the  same  degree  of  regard  to 
the  recommendations  of  Congress  was  not  every  where  exhibited. 
Some  of  the  States  assented  to  the  resolution  respecting  imports 
without  hesitation*  but  others  lingered  or  only  acceded  upon  condi- 
tion that  similar  acts  should  be  generally  passed.  The  repeated  and 
earnest  representations  of  Congress  finally  prevailed  with  all  the 
States  except  New  York ;  but  she  persisted  in  refusal,  and  by  her 
single  negative,  finally  defeated  the  measure.  This  failure  was 
most  prejudicial  in  its  effects;  it  not  only  tended  in  a  great  degree 
to  render  nugatory  the  efforts  of  Congress  for  the  restoration  and 
maintenance  of  the  National  credit,  but  was  also  a  cause  of  dis- 
sension among  the  States  themselves.  New  Jersey  complained 
that  the  refusal  of  other  States  to  make  the  grant  to  Congress,  and 
their  separate  enactments  upon  the  subject,  were  unjust  to  the 
country,  and  operated  injuriously  upon  her,  rendering  her  unable  to 
meet  the  demands  of  Congress,  and  particularly,  the  demand  for 
specie.  A  strong  representation  was  made  in  consequence.14 

"By  resolution  of  the  20th  of  February,  1786,  it  was  said,  "that .the  requi- 
sitions of  Congress  of  April,  1783,  for  a  general  impost  and  revenue  hath,  not 
been  complied,  with  by  all  the  States,  especially  by  the  States  of  New  York  and 
Georgia,  (Georgia  afterwards  acceded,)  though  the  requisition  is  founded  upon 
the  most  just  and  equal  principles,  and  being  a  measure,  in  the  general  opinion, 
absolutely  necessary  to  the  existence  of  the  United  States  in  their  confederated 
capacity,  while  pur  neighbouring  States,  by  their  State  imposts,  are  draining 
this  State  of  sums  annually,  to  a  much  larger  amount,  as  we  have  reason  to 
suppose,  than  our  quota  of  specie  called  for  by  the  late  requisition  of  Congress. 
That  this  House  cannot,  consistently  with  the  duty  they  owe  to  their  constitu- 
ents, comply  with  the  requisition  of  Congress  of  the  27th  of  September  last,  or 
any  other,  requiring  specie,  until  all  the  States  in  the  Union  shall  comply  with 
the  requisition  of  Congress  for  an  impost  and  revenue ;  or  at  least  until  the 
several  States  having  the  advantage  of  commerce  which  they  now  enjoy  solely 
by  the  joint  exertions  of  the  United  States,  shall  forbear  exacting  duties  or  im- 
posts upon  goods  and  merchandize  for  the  particular  benefits  of  their  respective 
States,  thus  drawing  revenues  from  those  whose  local  circumstances  will  not 
admit  of  their  enjoying  similar  advantages."  . 

In  instructions  to  the  representatives  in  Congress,  given  March  2d,  1786,  it 
was  said,  "when  the  revenue  system  of  the  18th  of  April,  1783^  was  passed  in 
Congress,  we  were  in  hopes  that  our  situation  between  two  commeicial  States 
would  no  longer  operate  to  our  detriment;  and  that  those  States,  and  others  in 
their  predicament,  were  at  length  convinced  of  the  selfish  and  palpable  injustice 


CLOSE    OF    THE    WAR.  481 

Beside  this  failure,  the  requisitions  of  Congress  for  direct  contri- 
butions from  the  States,  were  but  partially  complied  with  ;  the 
government  was  compelled  to  resort  to  loans  to  pay  even  the  in- 
terest on  the  foreign  debt,  and  the  interest  on  the  domestic  debt 
remained  wholly  unpaid. 

The  western  territory,  or  "  Crown  lands"  were  viewed  by  the 
people  of  the  States  as  a  fund  to  aid  in  the  payment  of  the  public 
debt.  The  expectations  and  wishes  of  New  Jersey  in  reference 
to  these  lands,  have  already  been  noticed.  In  October,  1780,  a 
resolution  was  adopted  by  Congress  recommending  the  States  to 
make  liberal  cessions  of  their  territorial  claims.  In  1781,  this 
was  complied  with  by  Virginia  so  far  as  to  cede  all  lands  north- 
west of  the  river  Ohio,  upon  the  condition  however,  that  Congress 
should  guaranty  all  the  other  lands  she  claimed.  This  cession 
was  not  satisfactory  to  other  States.  New  Jersey  presented  a 
remonstrance  stating  "  the  just  and  incontrovertible  claim  of  this 
State  to  its  full  proportion  of  all  vacant  territory,"  and  requesting 


of  subjecting  others  to  their  exactions,  and  then  applying  those  exactions  to  the 
augmentation  of  their  respective  private  revenues.  As  we  are  convinced  that 
neither  public  credit  can  be  supported,  the  public  debts  paid,  or  the  existence  of 
the  Union  maintained,  without  the  impost  revenue  in  some  form,  you  are  in- 
structed to  vote  against  each  and  every  ordinance,  resolution,  and  proceeding 
whatever,  which  shall  produce  any  expense  to  New  Jersey,  for  the  promotion 
or  security  of  the  commerce  of  those  States,  or  any  of  them,  from  which  the 
Union  in  general,  nor  this  State  in  particular,  derives  any  advantage,  until  all 
the  States  shall  adopt  and  carry  into  executioa  the  impost  above  mentioned. 
To  vote  against  each  and  every  ordinance,  resolution,  or  proceeding  which  shall 
tend  to  charge  this  State  with  any  expense  for  gaining  possession  of,  or  defend- 
ing such  territory  claimed  by,  or  which  is  to  accrue  to,  the  exclusive  benefit  of 
any  particular  State  or  States,  and  not  to  the  Union  at  large." 

The  resolution  of  the  House  declining  to  comply  with  the  requisition  for  the 
payment  of  specie,  was  noticed  by  Congress,  and  was  a  source  of  so  much  em- 
barrassment that  a  committee  consisting  of  Charles  Pinckney,  Nathaniel  Gor- 
ham,  and  William  Grayson  were  appointed  to  remonstrate  with  the  Assembly 
of  New  Jersey  upon  the  subject.  The  committee  were  heard.  The  House 
then  resolved,  "that  being  willing  to  remove  as  far  as  in  their  power  every  em- 
barrassment from  the  counsels  of  the  Union,  and  that  the  failure  of  supplies 
from  temporary  demands,  though  clearly  evinced  from  experience,  may  not  be 
imputed  to  the  State  of  New  Jersey  only,  that  the  resolution  of  the  20th  of 
February  last,  be,  and  hereby  is  rescinded." 
61 


482  THE  FEDERAL  GOVERNMENT. 

Congress  not  to  accept  of  the  offer.  The  proposal  of  Virginia  was 
rejected  by  Congress  with  the  annexed  condition  j  but  this  condi- 
tion being  given  up,  the  cession  was  afterwards  accepted.  Congress 
urged  also  upon  other  States  the  necessity  of  early  and  full  com- 
pliance, and  accordingly  cessions  were  made  by  all  the  States  hav- 
ing claims  to  these  lands,  so  that  the  whole  territory  northwest  of 
the  Ohio  came  to  be  possessed  by  the  United  States.  But  the 
advantages  to  be  derived  from  this  possession,  were  chiefly  pro- 
spective, this  fund  could  not  be  made  available  to  meet  the  imme- 
diate wants  of  the  country. 

The  situation  of  affairs  at  this  period  was  such  as  to  excite  a 
doubt  whether  the  United  States  would  be  able  to  maintain  their 
nationality.  The  general  government  was  found  to  be  entirely 
destitute  of  all  authority  to  carry  its  measures  into  effect.  During 
the  continuance  of  the  war,  the  pressure  of  common  danger  had 
enforced  a  general  concurrence  of  action,  though  even  then,  the 
measures  of  Congress  were  often  defeated  by  the  objections  or  the 
inaction  of  the  States ;  now,  the  power  of  Congress  was  scarcely 
more  than  a  nominal  thing ;  as  was  aptly  said,  "  they  may  de- 
clare every  thing  but  do  nothing."  There  seemed  to  be  an  in- 
creasing jealousy  of  the  general  government,  and  a  desire  to 
establish  the  interests  and  power  of  the  States.  The  obligations 
arising  out  of  the  treaty  of  peace  were  not  enforced  without  the 
greatest  difficulty,  and  loud  complaints  of  infractions  were  made 
by  Great  Britain ;  there  was  no  authority  to  regulate  commerce, 
no  national  judiciary,  nor  any  general  provision  for  mutual  sup- 
port in  cases  of  insurrection  within  the  States  ;  and  this  latter  de- 
fect was  brought  more  strongly  into  view  by  actual  and  serious 
disturbances.15  These  circumstances  were  the  cause  of  extreme 
uneasiness  ;  the  wisest  as  well  as  the  strongest  spirits  of  the  time, 
were  oppressed  with  a  feeling  of  apprehension.  Washington  de- 
clared, in  reference  to  the  disinclination  of  the  States  to  yield 
competent  powers  to  the  general  government,  that  "  we  have  op- 
posed the  British  in  vain,  and  have  arrived  at  the  present  state  of 
peace  and  independency  to  very  little  purpose,  if  we  cannot  con- 


15  An  insurrection  of  a  truly  formidable  character  took  place  in  Massachusetts 
in  the  year  1786. 


THE  FEDERAL  GOVERNMENT.  483 

quer  our  own  prejudices."  Jay  said,  in  March,  1786,  "I  think 
we  are  in  a  delicate  situation,  and  a  variety  of  considerations  give 
me  uneasiness  ;  our  affairs  are  drawing  to  some  crisis,  some  revo- 
lution, something  I  cannot  foresee  or  conjecture ;  I  am  anxious 
and  uneasy,  more  so  than  during  the  war."  "  Your  views,"  said 
Washington  in  reply,  "  accord  with  my  own  ;  what  the  event  will 
be,  is  also  beyond  my  foresight ;  I  do  not  conceive  we  can  exist 
long  as  a  Nation,  without  lodging  somewhere  a  power  which  will 
pervade  the  whole  Union  in  as  energetic  a  manner  as  the  autho- 
rity of  the  State  governments  extend  over  the  several  States." 
Governor  Livingston  said,  in  February,  1787,  "  I  am  really  more 
distressed  by  the  posture  of  our  public  affairs  than  I  ever  was  by 
the  most  gloomy  appearances  during  the  war,  and  without  the 
utmost  exertions  of  the  more  patriotic  part  of  the  community,  and 
the  blessing  of  God  upon  their  exertions,  I  fear  we  shall  not  be 
able  for  ten  years  from  the  date  of  this  letter,  to  support  the  in- 
dependence which  has  cost  us  so  much  blood  and  treasure  to 
acquire." 

Fortunately,  or  providentially,  the  proper  and  the  only  remedy 
for  the  evils  and  disorders  of  the  time  was  perceived  and  applied. 
The  foresight  of  Washington,  though  distrusted  by  himself,  had 
not  failed ;  and  measures  were  soon  taken  to  establish  the  power 
which  should  "  pervade  the  whole  Union."  In  January,  1786, 
the  legislature  of  Virginia  appointed  persons  to  meet  Commis- 
sioners from  the  other  States,  to  take  into  consideration  the  state 
of  the  country,  and  to  devise  measures  for  the  common  interest.16 
The  other  States  were  notified  of  this  movement,  and  on  the  20th 
of  March  a  resolution  was  adopted  by  the  legislature  of  New  Jer- 
sey, that  Commissioners  should  be  appointed  in  joint  meeting 
to  meet  Commissioners  from  the  other.  States  for  the  purposes 


16 They  were  "to  meet  such  other  Commissioners  as  were,  or  should  be,  dp- 
pointed  by  the  other  States  in  the  Union,  at  such  time  and  place  as  might  be 
agreed  upon,  to  take  into  consideration  the  trade  and  commerce  of  the  country, 
to  consider  how  far  an  uniform  system  in  their  commercial  intercourse  and 
regulations  might  be  necessary  to  their  common  interests  and  permanent  har- 
mony, and  to  report  to  the  several  States  such  an  act  relative  to  this  great  ob- 
ject, as,  when  unanimously  ratified  by  them,  would  enable  the  United  States, 
in  Congress  assembled,  effectually  to  provide  for  the  same." 


484  THE  FEDERAL  GOVERNMENT. 

mentioned.  Abraham  Clark,  William  C.  Houston,  and  James 
Schureman  were  appointed.  The  Commissioners  met  at  Anna- 
polis, in  September,  1786,  but  five  States  only  were  represented.17 
After  some  consideration  of  the  subject  of  the  meeting,  the  dele- 
gates agreed  that  their  powers,  as  well  as  their  numbers,  were  too 
limited  to  warrant  a  final  decision,  but  they  agreed  to  a  report  to 
be  submitted  to  Congress,  and  to  the  several  Slates.  In  this  report 
they  recommended  the  appointment  of  Commissioners  from  all 
the  States  «'  to  meet  in  Philadelphia  on  the  2d  Monday  in  May 
next,  to  take  into  consideration  the  situation  of  the  United  States ; 
and  to  devise  such  further  provisions  as  shall  appear  to  them  ne- 
cessary to  render  the  constitution  of  the  federal  government  ade- 
quate to  the  exigencies  of  the  Union"  Congress  approved  of  the 
measures  taken,  and  recommended  to  the  States  that  the  Conven- 
tion should  be  held  as  proposed.  Virginia  first  appointed  delegates 
to  this  meeting,  at  the  session  of  the  legislature  held  in  October, 
1786.  New  Jersey  followed  next:  on  the  24th  of  November, 
David  Brearly,  William  C.  Houston,  William  Paterson,  and  John 
Neilson  were  appointed.  On  the  19th  of  May,  1787,  his  Excel- 
lency William  Livingston  and  Abraham  Clark  were  added  to  the 
delegation,  (the  name  of  John  Neilson  being  omitted,)  and  on  the 
7ll)  of  June  it  was  further  increased  by  the  appointment  of  Jona- 
than Dayton. 

The  meeting  and  the  proceedings  of  this  Convention,  which 
met  at  the  appointed  time,  mark  a  most  important  era  in  the 
history  of  the  United  States.  A  form  of  government  was  con- 
structed to  take  the  place  of  the  Confederation,  (which  was  already 
almost  dissolved,)  and  the  work  was  devised  with  the  highest 
degree  of  wisdom  and  skill.  Separate  and  apparently  opposing 
interests  and  elements  were  brought  together  and  joined  in  an 
harmonious  union.  The  Constitution  was  formed.  In  this  work 
the  representatives  of  New  Jersey  were  active  and  useful  partici- 
pants. Their  influence  and  efforts  were  partly  directed  to  pre- 
serve to  the  smaller  States,  New  Jersey  being  one,  a  proper 
degree  of  power  and  weight  in  the  Union  ;  whilst  they  wished  the 
general  authority  to  be  sufficient  for  the  purposes  in  view,  they 

17{New  York,  NewJersey,  Pennsylvania,  Delaware,  and  Virginia. 


THE    FEDERAL    GOVERNMENT.  .     485 

were  desirous  to  guard  the  relative  interests  of  the  several  parts. 
It  was  supposed  by  them,  that  this  object,  and  indeed  that  the 
several  objects  proposed,  might  be  fully  reached  by  a  modification 
in  the  form  of  the  existing  government.  Their  views  were  pre- 
sented to  the  Convention  in  what  was  called  "  the  Jersey  plan," 
which  was  arranged  by  the  delegates  of  that  State,  those  of  Con- 
necticut, Delaware,  and  a  portion  of  the  delegation  from  Mary- 
land.18 This  plan  was  not  adopted,  the  Convention  resolving  that 


18  On  the  15th  of  June,  Mr.  Paterson  offered  to  the  Convention  the  follow- 
ing propositions,  as  amendments  of  the  articles  of  confederation :  "  1st,  That  the 
articles  of  confederation  ought  to  be  revised,  corrected,  and  enlarged,  so  as  to 
render  the  federal  constitution  adequate  to  the  exigencies  of  government  and 
the  preservation  of  the  Union.  2d.  That,  in  addition  to  the  powers  vested 
in  the  United  States,  in  Congress,  by  the  present  existing  articles  of  confedera- 
tion, they  be  authorized  to  pass  acts  for  raising  a  revenue,  by  levying  a  duty,  or 
duties,  on  all  goods  and  merchandize  of  foreign  growth  or  manufacture  im- 
ported into  any  part  of  the  United  States ;  by  stamps  on  paper,  vellum,  or 
parchment,  and  by  a  postage  on  all  letters  and  packages  passing  through  the 
general  post  office,  to  be  applied  to  such  federal  purposes  as  they  shall  deem 
proper  and  expedient;  to  make  rules  and  regulations  for  the  collection  thereof; 
and  the  same,  from  time  to  time,  to  alter  and  amend  in  such  manner  as  they 
shall  think  proper.  To  pass  acts  for  the  regulation  of  trade  and  commerce,  as 
well  with  foreign  nations  as  with  each  other;  provided  that  all  punishments' 
fines,  forfeitures  and  penalties  to  be  incurred  for  contravening  such  rules  and 
regulations,  shall  be  adjudged  by  the  common  law  judiciary  of  the  States  in 
which  any  offence  contrary  to  the  true  meaning  of  such  rules,  shall  be  com- 
mitted or  perpetrated,  with  liberty  of  commencing,  in  the  first  instance,  all  suits 
or  prosecutions  for  that  purpose  in  the  superior  common  law  judiciary  of  such 
States,  subject,  nevertheless,  to  an  appeal,  for  the  correction*  of  all  errors,  both 
in  law  and  in  fact,  in  rendering  judgment,  to  the  judiciary  of  the  United  States- 
3d.  That  whenever  requisitions  shall  be  necessary,  instead  of  the  present  rule' 
the  United  States,  in  Congress,  be  authorized  to  make  such  requisitions,  in  pro- 
portion to  the  whole  number  of  white  or  other  free  citizens  or  inhabitants,  of 
every  age,  sex  and  condition,  including  those  bound  to  servitude  for  a  number  of 
years,  and  three-fifths  of  all  other  persons  not  comprehended  in  the  foregoing 
description,  except  Indians,  not  paying  taxes;  that  if  such  requisitions  be  not 
complied  with  in  the  time  to  be  specified  therein,  to  direct  the  collection  thereof 
in  the  non-complying  States;  and  for  that  purpose  to  devise  and  pass  acts 
directing  and  authorizing  the  same ;  provided  that  none  of  the  powers  hereby 
vested  in  Congress  shall  be  exercised  without  the  consent  of  at  least  — — ^~ 
States,  and  in  that  proportion,  if  the  confederated  States  should  be  hereafter 


486  THE  FEDERAL  GOVERNMENT. 

the  old  form  of  government  was  not  susceptible  of  such  alteration 
and  amendment  as  would  render  it  sufficient  for  the  purposes 
designed.  But  the  new  plan  was  so  framed  as  to  preserve  in  a  de- 
gree the  feature  had  in  view  by  the  representatives  of  New  Jersey. 


increased  or  diminished.    4th.  That  the  United  States,  in  Congress,  be  authorized 

to  elect  a  federal  executive,  to  consist  of persons — to  continue  in  office  for 

the  term  of years — to  receive  punctually,  at  stated  times,  a  fixed  compen- 
sation for  the  services  by  them  rendered,  in  which  no  increase  or  diminution 
shall  be  made,  so  as  to  affect  the  person  holding  the  executive  office  at  the  time 
such  alteration  is  made,  to  be  paid  out  of  the  federal  treasury — to  be  incapable 
of  holding  any  other  office  or  appointment  during  their  term  of  service,  and 
for years  thereafter;  to  be  ineligible  a  second  time,  and  removably  on  im- 
peachment and  conviction  for  malpractices,  or  neglect  of  duty,  by  Congress,  on 
application  by  a  majority  of  the  executives  of  the  several  States;  that  the  ex- 
ecutive, besides  a  general  authority  to  execute  the  federal  acts,  ought  to  appoint 
all  federal  officers  not  otherwise  provided  for,  and  to  direct  all  military  opera- 
tions; provided  that  none  of  the  persons  composing  the  federal  executive,  shall, 
on  occasion,  take  command  of  any  troops,  so  as  personally  it8  conduct  any 
military  enterprise,  as  general,  or  in  any  other  capacity.  5th.  That  the  federal 
judiciary  be  established  to  consist  of  a  supreme  tribunal,  the  judges  of  which  to  be 
appointed  by  the  executive,  and  to  hold  their  office  during  good  behaviour — to 
receive  punctually,  at  stated  times,  a  fixed  compensation  for  their  services,  in 
which  no  increase  or  diminution  shall  be  made,  so  as  to  affect  the  persons  in 
office  at  the  time  of  such  change;  that  the  judiciary  so  established,  shall  have 
power  to  hear  and  determine,  in  the  first  instance,  on  all  impeachments  of 
federal  officers,  and  by  way  of  appeal,  in  the  dernier  resort,  in  all  cases  touch- 
ing the  rights  and  privileges  of  ambassadors — in  all  cases  of  captures  from  an 
enemy — in  all  cases  of  piracies  and  felonies  on  the  high  seas — in  all  cases  in 
which  foreigners  may  be  interested  in  the  construction  of  treaties,  or  which 
may  arise  on  any  act  or  ordinance  of  Congress  for  the  regulation  of  trade,  or 
the  collection  of  the  federal  revenue ;  that  none  of  the  judiciary  officers  shall 
be  capable,  during  the  time  they  remain  in  office,  of  receiving  or  holding  any 
other  office  or  appointment  during  their  term  of  service,  or  for years  there- 
after. 6th.  That  the  legislative,  executive,  and  judiciary  powers  within  the  several 
States,  ought  to  be  bound  by  oath  to  support  the  articles  of  union.  7th.  That  all 
acts  of  the  United  States,  in  Congress  assembled,  made  by  virtue  and  in  pursu- 
ance of  the  powers  hereby  vested  in  them,  and  by  the  articles  of  confederation,  and 
all  treaties  made  and  ratified  under  the  authority  of  the  United  States,  shall  be 
the  supreme  law  of  the  respective  States,  as  far  as  those  acts  and  treaties  shall 
relate  to  the  said  States  or  their  citizens — and  that  the  judiciaries  of  the  several 
States  shall  be  bound  thereby  in  their  decisions,  anything  in  the  respective  laws 
of  the  individual  States  to  the  contrary  notwithstanding ;  and  if  any  State,  or 


THE  FEDERAL  GOVERNMENT.  487 

The  government  was  constituted  so  as  to  be  partly  federal  and 
partly  national ;  it  was  not  to  be  composed  of  a  mere  aggregation 
of  separate  parts,  but  these  parts  at  certain  points  were  fused  into 
one  body  ;  yet  except  at  these  points  distinctness  was  preserved. 
A  positive  rule  was  established  which  was  to  operate  upon  all, 
and  which  within  its  sphere  of  operation  was  wholly  to  supersede 
the  discretion  or  will  of  the  States ;  yet  beyond  this  sphere,  the 
integrity  and  authority  of/  the  States  were  maintained.  By  this 
means  a  goveflrtnent  was  formed  which  whilst  it  pervaded  the 
whole  Union  with  such  force  as  to  ensure  successful  action,  left  all 
that  was  local  in  character  to  be  controlled  by  the  local  authorities. 
The  instrument  being  completed,  it  was  signed  in  September, 
1787,  by  the  members  of  the  Convention,  and  submitted  for  ap- 
proval and  adoption.19  The  Convention  resolved  that  the  Con- 
stitution should  be  laid  before  the  United  States  in  Congress 
assembled,  and  that  in  the  opinion  of  the  Convention  it  should 
afterwards  bg  submitted  to  a  Convention  of  delegates  chosen  in 
each  State  by  the  people  thereof,  under  a  recommendation  of  its 
legislature,  for  their  assent  and  ratification.  It  was  also  resolved, 
that  in  the  opinion  of  the  Convention,  as  soon  as  nine  States  shall 
have  ratified  the  Constitution,  the  United  States  in  Congress  as- 


any  body  of  men  in  any  State,  shall  oppose  or  prevent  the  carrying  into  execu- 
tion such  acts  or  treaties,  the  federal  executive  shall  be  authorized  to  call  forth 
the  powers  of  the  confederated  States,  or  so  much  thereof  as  be  necessary  to 
enforce  and  compel  obedience  to  such  acts,  or  an  observance  of  such  treaties. 
8th.  That  provision  ought  to  be"  made  for  the  admission  of  new  States  into  the 
Union.  9th.  That  provision  ought  to  be  made  for  hearing  and  deciding  all  disputes 
arising  between  the  United  States  and  an  individual  State,  respecting  territory. 
10th.  That  the  rule  for  naturalization  ought  to  be  the  same  in  every  State, 
llth.  That  a  citizen  of  one  State,  committing  an  offence  in  another  State,  shall 
be  deemed  guilty  of  the  same  offence  as  if  it  had  been  committed  by  a  citizen 
of  the  State  in  which  the  offence  was  committed." 

19  Thirty-nine  of  the  fifty-five  members  who  attended  the  Convention,  signed 
the  Constitution.  Of  the  remaining  sixteen,  some  were  in  favor  of  it,  but 
were  obliged  to  leave  the  Convention  before  the  instrument  was  ready  for  sign- 
ing. It  was  signed  by  all  the  members  from  New  Jersey,  except  Abraham 
Clark.  The  list  of  names,  however,  varies  in  different  places.  In  that  given 
in  the  report  of  the  delegates  to  the  Legislature,  besides  the  one  just  mentioned, 
the  name  of  William  C.  Houston  is  also  omitted. 


488  THE  FEDERAL  GOVERNMENT. 

serabled  should  take  measures  for  the  election  of  a  President,  and 
appoint  the  time  and  place  for  commencing  proceedings  under  the 
new  Constitution. 

In  accordance  with  the  resolution  of  the  Convention,  the  Con- 
stitution was  laid  before  Congress,  and  that  body  unanimously 
agreed  that  the  instrument  should  be  transmitted  to  the  several 
States  for  their  action  thereon.  On  the  26th  of  October,  1787, 
the  delegates  to  the  Convention  from  New  Jersey  reported  the 
proceedings  of  the  body  to  the  legislature,  with  a  copy  of  the 
Constitution  and  the  accompanying  resolutions.  On  the  27th  the 
legislature  resolved,  that  it  should  be  recommended  to  such  of  the 
inhabitants  of  the  State  as  were  entitled  to  vote  for  Representatives 
in  the  General  Assembly,  to  meet  in  their  respective  counties  at 
the  places  fixed  by  law  for  holding  elections,  on  the  fourth  Tuesday 
in  November  next  ensuing,  to  choose  three  persons  to  serve  as 
delegates  from  each  county  in  a  State  Convention  ;  that  the  dele- 
gates so  chosen  should  meet  in  Convention  on  the  second  Tuesday 
in  December,  to  consider  and  decide  upon  the  Constitution,  and 
that  the  Sheriffs  of  the  respective  counties  should  give  timely 
notice  to  the  people,  of  the  time,  place,  and  purpose  of  holding  the 
elections.  These  resolutions  were  embodied  in  an  act  authorizing 
the  people  of  the  State  to  meet  and  act  in  Convention,  which  act 
was  passed  on  the  30th  of  October.20  In  pursuance  of  these  pro- 
visions, elections  were  held  in  each  of  the  counties,  and  the  dele- 
gates chosen  met  in  Convention  at  the  time  and  place  appointed, 
and  on  the  18th  of  December,  1787,  the  Constitution  was  unani- 
mously accepted  and  ratified.21  New  Jersey  was  the  third  Slate 

20  Votes,  vol.  7,  p.  25. 

21  John  Stevens  was  chosen  President  of  the  Convention,  and  Samuel  W. 
Stockton,  Secretary.     It  was  agreed  that  the  Constitution  should  be  read  and 
considered  by  sections ;  but  scarcely  any  debate  took  place,  and  no  amendment 
was  proposed.     The  whole  having  been  read,  the  general  question  was  taken, 
"  whether  this  Convention,  in  the  name  and  in  behalf  of  the  people  of  this 
State,  do  ratify  and  confirm  the  said  Constitution  1"  it  was  determined  in  the 
affirmative  unanimously.     The  Convention  also  resolved  that  "it  is  the  opinion 
of  this  Convention  that  the  State  of  New  Jersey  should  offer  a  cession  to  Con- 
gress of  a  district  not  exceeding  ten  miles  square,  for  the  seat  of  government  of 
the  United  States,  over  which  they  may  exercise  exclusive  jurisdiction." 

Minutes  of  Convention, 


THE  FEDERAL  GOVERNMENT*  489 

to  adopt  the  Constitution,  being  only  preceded  by  Delaware  and 
Pennsylvania. 

The  proceedings  of  the  State  Convention  were  communicated 
to  the  legislature  at  a  special  meeting,  on  the  28th  of  August,  1788, 
by  a  letter  from  the  Secretary  of  the  Convention,  with  a  copy  of 
the  minutes.  A  communication  on  the  subject  was  also  received 
from  the  Governor.  His  Excellency  said,  "  I  most  heartily  con- 
gratulate you  on  the  adoption  of  the  Constitution  proposed  for  the 
government  of  the  United  States,  by  the  Federal  Convention,  and 
it  gives  me  inexpressible  pleasure  that  New  Jersey  has  the  honor 
of  so  early  and  so  unanimously  agreeing  to  that  form  of  National 
Government  which  has  since  been  so  generally  applauded  and  ap- 
proved of  by  the  other  States.  We  are  now  arrived  to  that 
auspicious  period  which,  I  confess,  I  have  often  wished  that  it 
might  please  Heaven  to  protract  my  life  to  see.  Thanks  to  God 
that  I  have  lived  to  see  it." 

According  to  the  Constitution,  the  National  Legislature  was  to 
consist  of  Senators  and  Representatives.  Two  Senators  were  to 
be  chosen  in  each  State  by  the  legislature  thereof  for  six  years.22 
The  Representatives  in  each  State  were  to  be  chosen  by  the  peo- 
ple, the  number  to  be  in  proportion  to  the  population,  but  until  an 
enumeration  should  be  made,  and  the  respective  numbers  thus 
determined,  a  specific  apportionment  was  made.  New  Jersey  was 
to  have  four.  Electors  of  President  w.ere  to  be  appointed  in  such 
manner  as  the  legislature  should  direct,  and  to  be  equal  in  number 
to  the  whole  of  the  Senators  and  Representatives. 

The  ratification  of  the  Constitution  by  the  necessary  number  of 
States  having  been  communicated  to  Congress,  an  act  was  passed 
on  the  13th  of  September,  1788,  for  carrying  the  system  into  effect; 
by  this  act  the  Electors  of  President  were  to  be  appointed  on  the 
first  Wednesday  in  January,  1789,  and  to  give  their  votes  on  the 
first  Wednesday  of  the  succeeding  February,  and  the  legislative 
bodies  were  to  meet  at  New  York  on  the  first  Wednesday  in 
March,  1789.  The  several  measures  contemplated,  were  taken  in 


22  Upon  their  meeting,  the  Senators  were  to  be  classified — the  seats  of  the  first 
class  to  be  vacated  in  two  years,  the  second  in  four  years,  and  the  third  in  six 
years. 

62 


490  THE  FEDERAL  GOVERNMENT. 

New  Jersey.  On  the  25th  of  November,  1788,  William  Paterson 
and  Jonathan  Elmer  were  chosen  by  the  legislature  in  joint  meet- 
ing, to  represent  and  vote  on  behalf  of  the  State  in  the  Senate  of 
the  United  States,  and  Representatives  in  Congress,  and  Electors  of 
President  were  chosen  according  to  the  provisions  made  in  the 
case.23 

At  the  time  appointed,  Senators  and  Representatives  appeared 
from  eleven  of  the  States,  but  a  quorum  of  both  houses  did  not 
attend  until  the  6th  of  April.  Upon  counting  the  Electoral  votes, 
it  appeared  that  George  Washington  was  unanimously  chosen 
President,  and  that  John  Adams  was  elected  Vice  President. 
Upon  being  informed  of  his  election,  the  President  immediately 
repaired  to  the  seat  of  government  and  entered  upon  the  duties  of 
his  elevated  office.  Soon  after  their  meeting,  the  legislature  of 
New  Jersey  prepared  an  address  to  the  President,  congratulating 
him  upon  his  appointment,  and  assuring  him  of  their  willingness  to 
support  him  in  the  due  execution  of  the  laws,  and  in  the  preserva- 
tion of  public  tranquillity. 

Among  other  important  matters,  the  subject  of  amendments  to 
the  Constitution  was  brought  before  Congress  at  their  first  sitting 
by  petitions  from  Virginia  and  New  York,  asking  that  another 
Convention  might  be  held  for  a  fuller  consideration  of  several  par- 
ticulars, and  for  preparing  amendments.  The  States  just  men- 
tioned were  opposed  to  the  Constitution  without  some  alteration. 
But  according  to  previous  agreement,  the  instrument  had  already 
come  into  force,  and  Congress  had  no  authority  to  call  another 
Convention;  but  amendments  might  be  made  and  proposed  to  the 
States  for  their  adoption.  This  was  now  done.  After  full  con- 
sideration and  discussion,  twelve  articles  were  agreed  to  by  Con- 
gress as  amendments.  These  articles  were  brought  before  the 
legislature  of  New  Jersey  by  a  message  from  the  Governor,  on 


23  At  the  same  time  that  the  Senators  were  appointed,  Abraham  Clark,  Jona- 
than Elmer,  and  Jonathan  Dayton  were  appointed  Representatives  in  Congress, 
to  serve  until  the  4th  of  March  ensuing,  (at  which  time  the  new  government 
was  to  go  into  effect,)  unless  others  should  be  appointed  in  the  mean  time.  On 
the  28th,  an  act  was  passed  providing  for  the  election  of  Representatives  in 
Congress  by  the  people. 


THE   FEDERAL    GOVERNMENT.  491 

the  29th  of  October,  1789,  and  the  subject  was  acted  upon  by 
agreeing  to  all  the  articles  except  the  second.24 

During  its  session  the  Congress  agreed  upon  measures  for  the 
establishment  of  a  revenue  to  support  the  government  and  dis- 
charge the  public  debts  ;  duties  were  laid  for  these  purposes  upon 
imports,  and  on  the  tonnage  of  vessels.  The  several  departments 
of  government  were  arranged  and  established,  a  national  judiciary 
was  erected,  and  the  salaries  of  the  several  officers  of  government 
determined.  The  houses  adjourned  on  the  29th  of  September,  to 
meat  on  the  6th  of  January,  1790.  A  most  important  as  well  as 
difficult  subject  of  consideration  of  the  second  session,  was  that 
relating  to  the  public  debt,  and  especially  as  to  the  assumption  of 
the  debts  of  the  States  incurred  in  the  prosecution  of  the  war. 
After  animated  debate,  a  law  was  passed  on  the  4th  of  August 
making  provision  for  the  debt  of  the  United  States,  by  which  act 
a  specific  amount  (twenty-one  millions,)  of  State  debts  was  as- 
sumed. This  sum  was  apportioned  among  the  States  with  regard 
to  the  amount  of  the  debts  of  each.  Eight  hundred  thousand 
dollars  was  apportioned  to  New  Jersey.25  The  sum  thus  assumed 
Was  to  be  loaned  to  the  United  States  at  determined  rates  of  in- 
terest by  individuals  holding  certain  evidences  of  States  debts. 

During  the  session  of  the  legislature  of  New  Jersey  in  1790, 
further  enactments  were  made  in  order  to  complete  and  perpetuate 
the  relations  between  the  State  and  the  Federal  Union.  On  the 


2-i  Ten  of  the  articles  submitted  to  the  States  were  confirmed  by  two-thirds  of 
the  States,  as  required  by  the  Constitution.  The  first  and  second  articles, 
which  related  to  the  number  of  the  House  of  Representatives,  and  to  the  com- 
pensation of  the  members  of  the  houses,  were  rejected.  Another  amendment 
of  the  Constitution,  relating  to  the  manner  of  electing  the  President  and  Vice 
President,  which  was  recommended  by  Congress  to  the  States,  was  ratified  in 
New  Jersey,  by  an  act  of  the  27th  of  February,  1804. 

23  By  message  from  the  Governor,  on  the  25th  of  November,  1791,  it  ap- 
peared that  the  commissioner  of  taxes  for  New  Jersey  had  completed  his  esti- 
mate of  the  debt  of  the  State,  subscribed  to  the  loan  proposed  by  the  United 
States,  and  that  it  then  did  not  quite  amount  to  six  hundred  thousand  dollars, 
but  as  it  was  supposed  that  many  persons  had  been  prevented  from  coming  in  to 
subscribe,  a  resolution  was  adopted  by  the  Legislature,  that  an  application 
should  be  made  to  Congress  for  an  extension  of  the  time  prescribed  for  the  sub- 
scription. 


492  THE  FEDERAL  GOVERNMENT. 

12th  of  November  an  act  was  passed  directing  particularly  the 
manner  of  appointing  Senators,  and  Electors  of  President  and  Vice 
President.26  An  additional  enactment  was  also  made  regulating 
the  mode  of  electing  Representatives  in  Congress. 

The  place  for  the  permanent  establishment  of  the  government 
was  also  selected  ;  by  act  of  the  25th  of  November,  it  was  pro- 
vided that  Trenton,  in  the  county  of  Hunterdon,  should  henceforth 
be  considered  as  the  seat  of  the  government  of  the  State.  At  this 
period  a  change  took  place  in  the  administration  of  government. 
Governor  Livingston  had  remained  in  office  from  the  time  of  the 
first  establishment  of  the  government;  he  had  continued  steadily 
at  his  post  during  the  difficult  and  perilous  season  of  the  war ;  he 
had  assisted  in  framing  the  general  government,  and  used  his  in- 
fluence in  favor  of  its  adoption,  and  at  length,  as  the  fulfilment  of 
his  hopes,  and  the  reward  of  his  services,  witnessed  the  complete 
establishment  of  the  independence,  and  the  Union  of  the  States. 
He  died  on  the  25th  of  July,  1790.  He  was  succeeded  by  William 
Paterson,  who  was  elected  on  the  29th  of  October,  and  who  con- 
tinued in  office  until  March,  1793,  when  he  resigned  in  conse- 
quence of  his  appointment  to  the  place  of  Associate  Judge  of  the 
Supreme  Court  of  the  United  States.  He  was  succeeded  by 
Richard  Howell. 

The  civil  and  political  history  of  the  State  of  New  Jersey, 
though  merged  from  this  period  to  a  greater  degree  than  before 
in  that  of  the  United  States,  is  still  of  interest  and  importance. 
Yet  the  merest  summary  only  can  here  be  given.27 

Governor  Howell  continued  in  service  until  October,  1801, 
when  Joseph  Bloomfield  was  appointed,  who  then  served  but  for 
a  single  term.  In  1802,  there  being  no  choice  of  Governor,  John 
Lambert,  the  Vice  President  of  Council,  performed  the  duties  of 
the  office  for  that  year,  but,  in  the  following  year,  1803,  Governor 
Bloomfield  was  re-elected,  and  remained  in  office  until  1812.  He 

26  See  Paterson's  Laws,  p.  102.     In  December,  1807,  an  act  was  passed  pro- 
viding for  the  choice  of  Electors  of  President  and  Vice  President,  by  popular 
election,  and  also  further  providing  for  the  election  of  Representatives  in  Congress. 

27  The  limits  allotted  for  the  present  work  being  already  much  exceeded,  the 
author  is  compelled  to  refrain  from  all  details,  and  give  only  a  few  of  the  lead- 
ing occurrences  of  the  remaining  period. 


NEW    STATE    CONSTITUTION    FORMED.  493 

was  then  succeeded  by  Aaron  Ogden,  who  in  the  following  year 
gave  place  to  William  S.  Pennington.  Governor  Pennington  was 
followed  in  1815  by  Mahlon  Dickerson,  and  the  latter  in  turn  was 
succeeded  in  1817  by  Isaac  H.  Williamson.  Governor  William- 
son remained  in  office  until  1829,  when  Garret  D.  Wall  was  ap- 
pointed ;  but  he  declining  to  serve,  a  new  election  took  place  a 
few  days  afterwards,  and  Peter  D.  Vroom  was  chosen.  By  an- 
nual re-election,  Governor  Vroom  was  continued  in  the  place  until 
1832,  and  was  then  followed  by  Samuel  L.  Southard.  In  Feb- 
ruary, Governor  Southard  being  chosen  to  the  United  States 
Senate,  on  the  27th  Elias  P.  Seely  was  elected  Governor ;  but  in 
the  following  year  Governor  Vroom  was  again  chosen,  and  re- 
mained in  office  until  1836,  when  he  was  succeeded  by  Philemon 
Dickerson.  The  next  year  William  Pennington  was  chosen,  and 
was  continued  in  office  until  1843,  and  was  then  followed  by 
Daniel  Haines. 

At  the  close  of  the  Revolutionary  war,  there  were  thirteen 
counties  in  New  Jersey.28  The  subsequent  advance  in  population 
and  business,  rendered  it  necessary  to  establish  new  divisions,  and 
six  other  counties  have  been  added.  The  county  of  Warren  was 
erected  in  1824,  Passaick  and  Atlantic  in  1837,  Mercer  in  1838, 
Hudson  in  1840,  and  Camden  in  1844.  All  these  were  clothed 
at  once  with  the  same  privileges  and  powers  that  were  possessed 
by  the  older  counties. 

The  government  of  the  State,  although  established  in  haste,  and 
at  a  period  but  little  favorable  to  deliberation  and  care,  was  found 
so  far  suited  to  the  wishes  and  wants  of  the  people  that  no  earnest 
exertions  were  made  for  any  alteration.  So  early  as  1790,  indeed, 
a  proposition  was  considered  in  the  legislature  to  choose  a  Con- 
vention for  the  purpose  of  revising  the  Constitution,  and  at  subse- 
quent periods  similar  movements  were  made.  But  these  measures 
were  not  pursued  at  the  time,  and  a  decided  manifestation  of  sen- 
timent did  not  occur  until  the  year  1843.  At  that  time  meetings  were 
held  in  various  places  within  the  State,  to  consider  the  subject 
and  to  make  a  proper  expression  of  opinion  in  relation  to  it ;  and 

zs  Bergen,  Essex,  Middlesex,  Monmouth,  Somerset,  Burlington,  Gloucester, 
Salem,  Cape  May,  Hunterdon,  Morris,  Cumberland  and  Sussex. 


494  NEW    STATE    CONSTITUTION    FORMED. 

\vith  similar  objects,  publications  were  put  forth  and  circulated 
among  the  people.  The  mark  of  colonial  dependence  which  was 
yet  retained  in  the  provision  for  a  return  to  a  connexion  with 
Great  Britain,  although  it  could  now  have  no  possible  practical 
bearing,  and  therefore  could  hardly  be  made  a  matter  of  serious 
objection,  was  yet  offensive  to  the  feelings,  and  thus  probably 
gave  strength  to  the  desire  for  a  revision  or  complete  abrogation 
of  the  existing  instrument.  But  the  undue  amount  of  authority 
given  to  the  legislature  ;  the  improper  union  of  powers  in  the  per- 
son of  the  executive;  the  imperfect  organization  of  the  judiciary, 
and  the  restrictions  upon  the  electors,  and  the  elected,  in  the  pro- 
perty qualifications  required  of  them,  were  especially  objected  to, 
and  urged  as  reasons  for  a  change.  Some  of  these  objections  in- 
deed, were  somewhat  more  formidable  in  appearance  than  in  fact, 
and  others  had  been  removed  in  part  by  legislative  provision. 
But  it  was  urged  that  defects  should  be  removed  if  practicable, 
even  if  not  productive  of  serious  injury  ;  and  the  relief  that  was 
obtained  by  legislative  interference,  whilst  it  was  readily  accepted, 
was  yet  considered  as  strengthening  the  objections  against  the  in- 
strument itself.  If  the  provisions  of  the  Constitution,  it  was  said, 
were  such  that  it  had  become  necessary  to  violate  them,  it  was 
full  time  that  an  alteration  should  be  made.  At  the  session  of  the 
legislature  commencing  in  October,  1843,  numerous  petitions  were 
presented  asking  that  an  enactment  might  be  made  to  call  a  Con- 
vention of  the  people  to  revise  and  alter  the  Constitution.  By  a 
number  of  persons  the  idea  was  held,  that  the  object  proposed 
might  be  fully  and  properly  attained  by  the  immediate  action  of 
the  legislative  bodies  ;  whilst  others  were  of  opinion  that  the  ques- 
tion as  to  calling  a  Convention  of  the  people  should  first  be  sub- 
mitted to  a  popular  vote.  The  subject  was  adverted  to  by  Gover- 
nor Haines,  (who  had  been  elected  to  office  soon  after  the  meeting 
of  the  legislature,)  in  a  message  of  the  10th  of  January,  1844. 
He  said,  "  you  will  allow  me  to  remind  you  that  the  formation  or 
alteration  of  the  fundamental  law  of  a  State,  is  the  province  of  the 
people  in  their  highest  sovereign  capacity,  and  not  the  duty  of  the 
legislature,  who  are  delegated  to  act  in  obedience  to  that  funda- 
mental law.  The  same  voice  that  asks  a  change  of  the  Constitu- 
tion, asks  that  change  through  the  medium  of  a  Convention  ;  and 


NEW    STATE    CONSTITUTION    FORMED.  495 

instructs  us  to  fix  by  law,  the  time,  place,  and  manner  of  forming 
it.  A  law,  therefore,  calling  a  Convention  of  a  suitable  number 
of  delegates,  at  as  short  a  time  and  little  expense  as  the  importance 
of  the  measure  will  justify,  I  believe  to  be  both  proper  and  neces- 
sary. If  the  will  of  the  people  has  been  misunderstood,  they  can 
so  express  it  by  instructions  to  their  delegates.  I  commend  the  sub- 
ject to  your  early  consideration  and  prompt  and  efficient  action." 

The  matter  was  field  under  consideration  by  the  legislature 
until  the  23d  of  February,  1844,  when  a  bill  was  passed  by  the 
Assembly  entitled  "An  act  to  provide  for  the  calling  of  a  Conven- 
tion to  frame  a  Constitution  of  the  State,  to  be  submitted  to  the 
people  thereof  for  ratification  or  rejection."29 

The  law  provided  that  an  election  for  delegates  to  meet  in  Con- 
vention should  be  held  in  the  counties  on  the  18th  of  March  ;  the 
number  chosen  to  be  equal  to  the  number  of  members  of  the 
General  Assembly,  and  they  were  to  meet  on  the  14th  of  May 
next  ensuing.  The  instrument  formed  in  Convention  was  to  be 
submitted  to  the  people  for  their  final  decision  on  the  2d  Tuesday 
in  August.  Before  the  close  of  the  session,  the  members  of  the 
legislative  bodies,  acting  extra  officially,  (together  with  other  indi- 
viduals of  influence  in  the  State,)  came  to  a  resolution  recommend- 
ing to  the  people  of  the  counties  to  hold  preparatory  meetings, 
and  to  nominate  by  common  agreement  and  assent,  persons  from 
the  different  political  parties,  as  delegates  to  the  Convention  ;  and 
an  arrangement  was  proposed  which  would  secure  the  election  of 
an  equal  number  from  each  of  the  parties.  The  recommendation 
thus  made,  proceeded  from  an  elevated  sense  of  public  duty,  and 
a  willingness  to  forego  all  considerations  arising  from  the  interests 
or  views  of  party,  in  order  to  secure  harmonious  action  in  an 
effort  for  the  general  good.  This  measure,  so  honorable  to  the 
actors,  and  to  the  State,  was  acceded  to  (with  a  single  exception) 
and  carried  out  by  the  people.  The  delegates  were  selected  and 
chosen  in  the  manner  proposed,  and  the  Convention  met  accord- 
ing to  appointment  on  the  14th  of  May,  1844.  Fifty-eight  mem- 
bers were  in  attendance. 


29 The  bill  passed,  had  come  from  the  Council,  and  had  been  amended  by  the 
House,  and  the  amendments  were  afterwards  agreed  to  by  the  Council. 


496  NEW    STATE   CONSTITUTION    FORMED. 

•  On  entering  upon  the  business  of  the  Convention,  some  differ- 
ence of  opinion  was  found  to  exist  in  regard  to  the  particular 
mode  of  procedure.  Some  of  the  members  were  disposed  to  limit 
their  action  to  an  amendment  of  the  existing  Constitution,  making 
only  such  changes  therein,  as  public  opinion  appeared  to  demand, 
or  full  examination  might  suggest;  but  others  were  inclined  to  a 
consideration  of  general  principles,  and  the  creation  of  distinct 
departments  of  government,  with  but  little  reference  to  any  exist- 
ing provisions.  The  latter  mode  was  finally  adopted.  Hence  a 
new  instrument  was  formed.  In  this  plan,  the  operation  of  govern- 
ment was  more  closely  restricted  by  a  fuller  declaration  of  the 
rights  and  privileges  that  were  retained  by  the  people.30  A  par- 
ticipation in  civil  and  political  privileges  was  secured  to  a  larger 
number,  by  a  guaranty  under  constitutional  provision  of  the  right 
of  suffrage  to  those  who  had  formerly  only  enjoyed  it  by  legisla- 
tive enactment.  The  different  departments  of  government  were 
entirely  separated.  The  legislative  department  was  made  to  dbn- 
sist  as  before,  of  two  bodies,  their  numbers  to  continue  the  same 
until  the  next  census  should  be  taken  ;  but  the  Council  to  take  the 
name  of  Senate,  and  the  members  to  be  elected  for  three  years. 
The  property  qualification  of  the  members  of  the  legislative  houses 
required  by  the  former  Constitution,  was  wholly  removed.  The 
executive  authority  was  vested  in  a  Governor,  to  be  elected  by  the 
people  of  the  State,  and  to  hold  office  for  three  years.  He  was  to 
perform  no  legislative  duties,  but  to  have  a  qualified  veto  power 
upon  the  action  of  the  legislative  bodies.  Except  as  a  single  mem- 
ber of  a  body  with  powers  of  a  mixed  character,  no  judicial 
authority  was  allowed  to  the  Executive.  The  judicial  department 
was  fully  established,  both  in  respect  to  the  character  and  number 
of  courts,  and  the  appointment  and  duties  of  officers.  A  Court  of 
Errors  and  Appeals  in  the  last  resort,  was  provided  for ;  a  Court 
of  Impeachment;  a  Court  of  Chancery;  a  Prerogative  Court;  a 
Supreme  Court;  Circuit  Courts,  and  such  inferior  courts  as  were 
existing  at  the  time.  All  these  were  to  be  permanent,  except  the 


30  The  enumeration  of  rights  and  privileges  was  made  in  nineteen  articles, 
embracing  a  sufficient  scope  to  -give  ample  security  to  the  liberties  of  the 
citizens. 


NEW    STATE    CONSTITUTION    FORMED.  497 

last,  which  might  be  changed  or  abolished  at  the  discretion  of  the 
legislature.31 

In  the  scope  of  authority  given  to  the  government,  in  the  mode 
of  appointing  officers,  and  in  the  distribution  of  powers,  as  well  as 
in  several  minor  particulars,  the  Constitution  now  framed  was  so 
different  from  the  former,  that  it  may  truly  be  considered  as  a  new 
organization.  The  entire  amount  of  power  possessed  by  the  go- 
vernment, was  lessened,  and  the  relative  condition  and  strength  of 
the  parts  were  greatly  changed.  The  legislature  had  formerly 
been  able  to  exercise  the  principal  control ;  it  had  been  the  imme- 
diate source  of  authority  to  the  other  departments,  but  now,  the 
Executive  was  wholly  independent  of  the  legislature,  in  origin, 
and  the  judiciary  branch  was  only  dependent  in  part. 

In  accordance  with  the  law,  the  Constitution  was  submitted  to 
the  people  on  the  second  Tuesday  in  August  for  their  adoption  or 
rejection.  It  was  found  to  be  generally  approved,  being  adopted 
by  a  very  decided  vote.32  It  thus  became  the  fundamental  law  of 

tiiXU     75~ll         .  1     fkil     V: 


31  The  Court  of  Errors  and  Appeals  which  formerly  was  composed  of  the 
Governor  and  Council,  was  now  to  consist  of  the  Chancellor,  the  Justices  of 
the  Supreme  Court,  and  six  Judges,  which  Judges  were  to  be  appointed  for  six 
years.  This  Court  was  thus  made  higher,  by  the  judicial  character  of  the 
members,  and  more  permanent  from  the  extension  of  the  term  of  office.  The 
powers  belonging  to  the  "  Court  of  Pardons,"  which  had  been  exercised  by  the 
Governor  and  Council,  were  vested  in  the  Governor,  the  Chancellor,  and  the 
six  Judges  of  the  Court  of  Errors  and  Appeals,  or  a  major  part  of  them.  This 
body  might  remit  fines  and  forfeitures,  and  grant  pardons  after  conviction,  in  all 
cases  except  impeachment.  The  duties  of  Chancellor  and  Ordinary,  formerly 
performed  by  the  Governor,  were  now  assigned  to  a  separate  officer.  A  change 
was  also  made  in  the  mode  of  appointing  judicial  ocffiers.  Under  the  former 
Constitution,  all  these  appointments  were  made  by  the  legislative  bodies  in 
joint  meeting.  Now  the  Justices  of  the  Supreme  Court,  the  Chancellor,  and  the 
Judges  of  the  Court  of  Errors  and  Appeals,  were  to  be  nominated  by  the  Go- 
vernor, and  appointed  by  him,  with  the  advice  and  consent  of  the  Senate — 
Justices  of  the  Supreme  Court  and  the  Chancellor  to  hold  their  offices  for 
seven  years — Judges  of  the  Courts  of  Common  Pleas  to  be  appointed  by 
the  Senate  and  General  Assembly  in  joint  meeting,  and  commissioned  by  the 
Governor — Justices  of  the  Peace  to  be  elected  by  the  people. 

31  The  whole  number  of  votes  was  23,871.  Of  these,  20,276  were  for  the 
Constitution,  and  69  ballots  were  rejected.  Majority,  16,750. 

63  * 


498  NEW    STATE    CONSTITUTION    FORMED 

the  State,  and  so  far  as  any  may  judge,  its  operation  can  hardly 
fail  to  be  favorable  to  the  best  interests  of  the  people.  Being  en- 
tered upon  under  the  influence  of  the  most  liberal  views,  and  exe- 
cuted by  a  body  of  men  distinguished  for  intelligence,  the  work 
exhibits  a  full  acquaintance  with  the  advances  that  have  been 
made  in  political  science,  and  yet  is  entirely  free  from  the  ex- 
tremes which  are  sometimes  produced  by  the  bias  of  party,  or  an 
excessive  zeal  for  reform.  The  framers  were  not  so  much  desirous 
that  the  plan  should  excite  admiration  for  its  boldness  or  novelty,  as 
that  it  should  meet  commendation  for  its  usefulness,  and  its  adapta- 
tion to  the  interests  and  the  wants  of  the  people. 

In  pursuance  of  the  provisions  agreed  upon,  an  election  was 
held  for  Governor  and  other  officers  in  October,  1844.  The  Hon. 
Charles  C.  Stratton  was  then  elected  Governor ;  he  continued  in 
omce  until  1847,  when  Governor  Haines,  who  had  been  the  last 
in  office  under  the  old  Constitution,  was  elected  under  the  new. 
He  is  the  present  incumbent. 

New  Jersey  has  reason  for  grateful  exultation.  Her  past 
history  is  without  a  stain,  and  her  present  and  prospective  condi- 
tion is  almost  all  that  any  can  desire.  From  the  character  of  her 
institutions  and  her  other  advantages,  the  people  have  come  to  be 
possessed  of  the  means  of  prosperity  and  happiness,  to  as  full  an 
extent  as  they  are  held  in  any  community,  either  in  our  own 
country,  or  in  the  world. 


APPENDIX 


NOTE  A,  PAGE  390. 

Records  not  in  possession  of  the  author  at  the  time  the  subject 
was  adverted  to  in  the  work,  have  since  been  examined,  which 
show,  that  the  movement  in  New  Jersey,  in  support  of  the  people 
of  Boston,  was  very  general,  and  in  many  instances  of  a  formal 
character.  In  the  county  of  Gloucester,  committees  were  ap- 
pointed in  each  of  the  townships,  to  receive  donations  "  for  the 
relief  of  our  suffering  brethren  in  Boston,"  and  a  general  treasurer 
(Joseph  Ellis,)  was  appointed,  who  was  authorized  to  procure  a 
place  to  store  the  provisions  that  should  be  furnished  •  and  the  sum 
of  five  hundred  and  thirty-four  dollars  in  money,  was  at  one  time 
ordered  to  be  paid  on  account  of  subscriptions. 

Communication  in  Woodbury  Constitution,  by  Dr.  Fithian. 

NOTE  B,  PAGE  402. 

From  the  source  indicated  in  the  foregoing  note,  the  following 
extracts  have  also  been  obtained,  which  exhibit  in  detail  the  action 
of  the  people  in  the  appointment  of  delegates  to  the  first  Provincial 
Congress: 

"  At  a  meeting  of  the  majority  of  the  Committeeof  Correspondence 
for  the  county  of  Gloucester,  on  the  5th  day  of  May,  1775 — present, 
Samuel  Harrison,  Chairman;  John  Hinchman,  John  Cooper,  John 
Sparks,  Joseph  Ellis,  Joseph  Low,  Isaac  Mickle,  Joseph  Hugg. 

"In  consequence  of  intelligence  received  from  the  Committee  of 
Correspondence  from  New  Brunswick,  and  at  their  request,  the 
committee  above  named  have  taken  the  same  into  consideration, 
and  do  unanimously  agree  and  think  it  our  indispensable  duty  in 
this  alarming  crisis,  forthwith  to  request  a  meeting  of  the  inhabi- 
tants of  this  county,  for  the  purpose  of  choosing  members  to  meet 
at  the  Provisional  Congress,  at  Trenton,  on  the  23d  day  of  this 
instant,  May. 

"Ordered,  That  the  Clerk  get  a  number  of  notices  immediately 
printed,  and  disperse  them  throughout  the  county — that  a  person 
be  sent  express  to  Eggharbour  with  part  thereof,  and  alarm  the 
inhabitants  of  the  consequence  thereof,  and  the  necessity  of  a 
meeting.  By  order  of  Committee. 

JOS.  HUGG,  Com.  Clerk." 


590  APPENDIX. 

"  Committee  met  pursuant  to  adjournment,  on  the  10th  inst.,  at 
the  house  of  William  Hugg  —  present,  Samuel  Harrison,  John 
Cooper,  Joseph  Ellis,  John  Sparks,  Isaac  Mickle,  Doc.  Vanleer, 
Joseph  Cooper,  Peter  Cheesman,  Joseph  Hugg. 

"  In  Committee,  Ordered,  That  every  member  of  this  committee 
meet  at  the  house  of  William  Hugg,  on  the  13th  instant,  by  10 
o'clock  A.  M.,  and  that  notice  issue  for  that  purpose  —  to  which 
time  this  Committee  is  adjourned.  By  order  of  Committee. 

JOS.  HUGG,  Clerk." 

"  At  a  meeting  of  a  very  respectable  number  of  the  inhabitants 
of  this  county,  on  the  18th  day  of  May,  Anno  Domini  1775,  pur- 
suant to  a  notice  from  the  Committee  of  Correspondence,  for  that 
purpose  : 

"  At  said  meeting  the  inhabitants  taking  into  consideration  the 
intelligence  communicated  from  the  Committee  of  Correspondence 
of  New  Brunswick,  do  unanimously 

"  Resolve,  That  it  is  highly  necessary  that  there  should  be  a 
Provincial  Congress  held  at  the  time  and  place  appointed  by  the 
said  Committee;  and  do  unanimously 

"  Resolve  and  agree,  that  seven  persons  be  chosen  for  said  ser- 
vice, to  represent  this  county. 

"And  accordingly  Robert  Friend  Price,  John  Hinchman,  Elijah 
Clark,  Esqrs.,  and  Messrs.  John  Cooper,  Joseph  Ellis,  John  Sparks, 
and  Joseph  Hugg  were  unanimously  chosen,  to  continue  for  twelve 
months,  and  any  three  or  more  attending  said  meeting,  to  be  a 
sufficient  representation. 

"  Ordered,  That  the  members  attending  from  this  county,  do 
use  their  endeavors  when  met  in  Congress,  to  confirm  and  re- 
appoint  the  delegates  appointed  by  the  General  Assembly  of  this 
Province. 

"  Ordered,  That  the  instructions  drawn  by  Mr.  Cooper,  for  said 
Provincial  Congress,  be  taken  by  the  members  of  this  county,  to 
said  Congress,  for  their  own  guide  —  but  not  to  be  published. 

"  On  the  question  being  put,  whether  the  Committee  of  Obser- 
vation be  authorized  to  carry  into  execution  the  resolves  of  the 
Provincial  Congress,  and  to  perform  such  services  as  the  emer- 
gency of  the  case  may  require,  it  was  resolved  nem.  con.  By 
order  of  the  county.  JOS.  HUGG,  Clerk. 

>    i=»  'i»<»Ml!j<i    MI. 

•  (iK>ja*nT  t&  taen\iv>'J  (BU  >. 


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